Arts, Humanities, and Museums Amendments of 1985
PL 99-194 (S.1264), enacted 12/20/1985

99 STAT. 1332 
PUBLIC LAW 99-194—DEC. 20, 1985 
Public Law 99-194 
99th Congress 
An Act 
Dec. 20, 1985 
[S. 1264] 
Arts, 
Humanities, and 
Museums 
Amendments of 
1985. 
Cultural 
programs. 
20 u s e 951 note. 
98 Stat. 223. 
20 u s e 951 note. 
98 Stat. 223. 
Schools and 
colleges. 
and inserting in lieu 
To amend the National Foundation on the Arts and the Humanities Act of 1965, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Arts, Humanities, and Museums 
Amendments of 1985". 
TITLE I—AMENDMENTS TO NATIONAL FOUNDATION ON 
THE ARTS AND THE HUMANITIES ACT OF 1965 
SEC. 101. TECHNICAL AMENDMENT; SHORT TITLE. 
The National Foundation on the Arts and the Humanities Act of 
1965 (20 U.S.C. 951 et seq.) is amended— 
(1) by striking out 
"TITLE I—ENDOWMENTS FOR ARTS AND HUMANITIES", and 
(2) in section 1 by striking out "title' 
thereof "Act". 
SEC. 102. DECLARATION OF PURPOSE. 
Section 2 of the National Foundation on the Arts and the Human-
ities Act of 1965 (20 U.S.C. 951) is amended— 
(1) in clause (2) by striking out "man's", 
(2) in clause (3)— 
(A) by inserting ", and access to the arts and the human-
ities," after "education", and 
(B) by striking out "men" and inserting in lieu thereof 
"people of all backgrounds and wherever located", 
(3) in clause (7) by striking out "and" at the end thereof, 
(4) by redesignating clause (8) as clause (9), and 
(5) by inserting after clause (7) the following new clause: 
"(8) that Americans should receive in school, background and 
preparation in the arts and humanities to enable them to 
recognize and appreciate the aesthetic dimensions of our lives, 
the diversity of excellence that comprises our cultural heritage, 
and artistic and scholarly expression; and". 
SEC. 103. DEFINITIONS. 
Section 3 of the National Foundation on the Arts and the Human-
ities Act of 1965 (20 U.S.C. 952) is amended— 
(1) in subsection (a)— 
(A) by inserting "and interpretation" after "study" the 
first place it appears, and 
(B) by inserting "to reflecting our diverse heritage, tradi-
tions, and history and" after "particular attention", and 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1333 
(2) in subsection (d)(2)— 
(A) by inserting "for purposes of sections 5(1) and 7(h) 
only," after "(2)", 
(B) by inserting "or humanistic" after "artistic", and 
(C) by inserting "and the National Council on the 
Humanities, as the case may be," after "the National Coun-
cil on the Arts". 
SEC. 104. ESTABLISHMENT OF A NATIONAL FOUNDATION ON THE ARTS 
AND THE 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— 
98 Stat. 223. 
(1) by striking out "Humanities,," and inserting in lieu 
thereof "Humanities,", and 
(2) by striking out "(hereinafter established)". 
SEC. 105. ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE 
ARTS. 
Section 5 of the National Foundation on the Arts and the Human-
ities Act of 1965 (20 U.S.C. 954) is amended— 
(1) in subsection (b)(1) by striking out "chairman" and insert-
ing in lieu thereof "chairperson"; 
(2) in subsection (c)— 
(A) by redesignating clauses (4), (5), and (6) as clauses (6), 
(7), and (8), respectively, and 
(B) by inserting after clause (3) the following new clauses: 
"(4) projects and productions which have substantial artistic Minorities. 
and cultural significance and that reach, or reflect the culture 
of, a minority, inner city, rural, or tribal community; 
"(5) projects and productions that will encourage public 
knowledge, understanding, and appreciation of the arts;", 
(C) by striking out "clause (5)" in the second sentence of 
such subsection and inserting in lieu thereof "clause (8)", 
and 
(D) by adding at the end thereof the following: 
"In selecting individuals and groups of exceptional talent as recipi-
ents of financial assistance to be provided under this subsection, the 
Chairperson shall give particular regard to artists and artistic 
groups that have traditionally been underrepresented."; 
(3) in subsection (g)(2)— 
(A) in clause (B) by striking out "and" at the end thereof, 
(B) in clause (C) by striking out the period at the end 
thereof and inserting in lieu thereof ", including a descrip-
tion of the progress made toward achieving the goals of the 
State plan;', and 
(C) by inserting after clause (C) the following new clauses: 
"(D) provides— 
"(i) 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 
"(ii) a summary of such recommendations and the State 
agency's response to such recommendations; and 
"(E) contains— 
"(i) a description of the level of participation during the 
previous 2 years by artists, artists organizations, and arts 
99 STAT. 1334 
PUBLIC LAW 99-194—DEC. 20, 1985 
Prohibition. 
Education. 
Ante, p. 1332. 
Report. 
organizations in projects and productions for which finan-
cial assistance is provided under this subsection; 
"(ii) a description of the extent to which projects and 
productions receiving 
financial 
assistance under 
this 
subsection are available to all people and communities in 
the State; and 
"(iii) a description of projects and productions receiving 
financial assistance under this subsection 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 identi-
fied under clause (ii) of this subparagraph. 
No application may be approved unless the accompanying plan 
satisfies the requirements specified in this subsection."; 
(4) in subsection (i) by striking out "he" and inserting in lieu 
thereof "the Secretary of Labor'; 
(5) in subsection (1)(1)(D)— 
(A) by inserting "and local arts agencies" after "local arts 
groups', and 
(B) by striking out "including support of professional 
artists in community-based residencies;" and inserting in 
lieu thereof the following: "including— 
"(i) support of professional artists in community based 
residencies; 
"(ii) support of rural arts development; 
"(iii) support of and models for regional, statewide, or 
local organizations to provide technical assistance to cul-
tural organizations and institutions; 
"(iv) support of and models for visual and performing arts 
touring; and 
"(v) support of and models for professional staffing of arts 
organizations and for stabilizing and broadening the finan-
cial base for arts organizations;'; 
(6) by striking out "Chairman" each place it appears and 
inserting in lieu thereof "Chairperson"; 
(7) by striking out "his" each place it appears and inserting in 
lieu thereof "the Chairperson's'; and 
(8) by adding at the end thereof the following new subsection: 
"(m) 'The Chairperson of the National Endowment for the Arts 
shall, in consultation with State and local agencies, relevant 
organizations, and relevant Federal agencies, develop a practical 
system of national information and data collection on the arts, 
artists and arts groups, and their audiences. Such system shall 
include artistic and financial trends in the various artistic fields, 
trends in audience participation, and trends in arts education on 
national, regional, and State levels. Such system shall also include 
information regarding the availability of the arts to various au-
dience segments, including rural communities. Not later than one 
year after the date of the enactment of the Arts, Humanities, and 
Museums Amendments of 1985, the Chairperson shall submit to the 
Committee on Education and Labor of the House of Representatives 
and the Committee on Labor and Human Resources of the Senate a 
plan for the development and implementation of such system, 
including a recommendation regarding the need for any additional 
funds to be appropriated to develop and implement such system. 
Such system shall be used, along with a summary of the data 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1335 
submitted with State plans under subsection (g), to prepare a peri-
odic report on the state of the arts in the Nation. The state of the 
Report, 
arts report shall include a description of the availability of the 
Endowment's programs to emerging, rural, and culturally diverse 
artists, arts organizations, and communities and of the participation 
by such artists, organizations, and communities in such programs. 
The state of the arts report shall be submitted to the President and Report, 
the Congress, and provided to the States, not later than October 1, 
1988, and biennially thereafter.". 
SEC. 106. NATIONAL COUNCIL ON THE ARTS. 
Section 6 of the National Foundation on the Arts and the Human-
ities Act of 1965 (20 U.S.C. 955) is amended— 
98 Stat. 224. 
(1) in subsection Ot))— 
(A) by striking out "Chairman" the first place it appears 
and inserting in lieu thereof "Chairperson", 
(B) by striking out "Chairman of the Council" and insert-
ing in lieu thereof "Chairperson of the Council", 
(C) in clause (1)— 
(i) by inserting "(A)" after "who", and 
(ii) by inserting before the semicolon at the end 
thereof the following: "and (B) have established records 
of distinguished service, or achieved eminence, in the 
arts", 
(D) in the last sentence by striking out "him" and insert-
ing in lieu thereof "the President", and 
(E) by adding at the end thereof the following: 
"In making such appointments, the President shall give due regard President of U.S. 
to equitable representation of women, minorities, and individuals Discrimination, 
with disabilities who are involved in the arts."; 
prohibition. 
(2) in subsection (c) by striking out "his" each place it appears 
and inserting in lieu thereof "such member's"; 
(3) in subsection (d) by striking out "Chairman" and inserting 
in lieu thereof "Chairperson"; 
(4) in subsection (e) by striking out "Chairman" and inserting 
in lieu thereof "Chairperson"; and 
(5) in subsection (f)— 
(A) in the first sentence by striking out "his" and insert-
ing in lieu thereof "the Chairperson's", 
(B) in the second sentence by striking out "he" and 
inserting in lieu thereof "the Chairperson", 
(C) in the third sentence by striking out "$17,500" and 
inserting in lieu thereof "$30,000", and 
(D) by striking out "Chairman" each place it appears and 
inserting in lieu thereof "Chairperson". 
SEC. 107. ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR THE 
HUMANITIES. 
Section 7 of the National Foundation on the Arts and the Human-
ities Act of 1965 (20 U.S.C. 956) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1) by striking out "chairman" and 
inserting in lieu thereof "chairperson", and 
(B) in paragraph (2) by striking out "his" each place it 
appears and inserting in lieu thereof "the Chairperson's"; 
(2) in subsection (c)— 
51-194 O 
QL. 3 
Part 2 
99 STAT. 1336 
PUBLIC LAW 99-194—DEC. 20, 1985 
(A) by redesignating clauses (4), (5), (6), and (7) as clauses 
(6), (7), (8), and (9), respectively, and 
(B) by inserting after clause (3) the following new clauses: 
Research and 
"(4) initiate and support programs and research which have 
development. 
Substantial scholarly and cultural significance and that reach, 
Minorities. 
QJ. reflect the diversity and richness of our American cultural 
heritage, including the culture of, a minority, inner city, rural, 
or tribal community; 
"(5) foster international programs and exchanges;", 
(C) in clause (3) by striking out "workships" and inserting 
in lieu thereof "workshops", 
(D) by striking out "clause (6)" in the second sentence of 
such subsection and inserting in lieu thereof "clause (8)", 
and 
(E) by adding at the end thereof the following: 
Education. 
"In selecting individuals and groups of exceptional talent as recipi-
ents of financial assistance to be provided under this subsection, the 
Chairperson shall give particular regard to scholars, and edu-
cational and cultural institutions, that have traditionally been 
underrepresented."; 
(3) in subsection (f)— 
(A) in paragraph (2)(A)— 
(i) in the first sentence by striking out "the Arts and 
Humanities Act of 1980" and inserting in lieu thereof 
"the Arts, Humanities, and Museums Amendments of 
1985", 
(ii) in clause (ii) by inserting "officer" after "chief 
executive" each place it appears, 
(iii) in clause (v) by striking out "and" at the end 
thereof, 
(iv) in clause (vi) by striking out the period at the end 
thereof and inserting in lieu thereof ", including a 
description of the progress made toward achieving the 
goals of the State plan;", and 
(v) by inserting after clause (vi) the following new 
clauses: 
"(vii) provides— 
"(I) assurances that the State agency has held, after 
reasonable notice, public meetings in the State to allow 
scholars, interested organizations, and the public to present 
views and make recommendations regarding the State plan; 
and 
"(II) a summary of such recommendations and of the 
response of the State agency to such recommendations; and 
"(viii) contains— 
"(I) a description of the level of participation during the 
previous two years by scholars and scholarly organizations 
in programs receiving financial assistance under this 
subsection; 
"(II) a description of the extent to which the programs 
receiving financial assistance under this subsection are 
available to all people and communities in the State; and 
"(III) a description of programs receiving financial assist-
ance under this subsection that exist or are being developed 
to secure wider participation of scholars and scholarly 
organizations identified under subclause (I) of this clause or 
that address the availability of the humanities to all people 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1337 
or communities identified under subclause (II) of this 
clause. 
No application may be approved unless the accompanying plan 
satisfies the requirements specified in this subsection."; 
(B) in paragraph (2)(B)(i)— 
(i) by striking out "four" and inserting in lieu thereof 
"six", and 
(ii) by striking out "20 per centum" and inserting in 
lieu thereof "25 per centum", 
(C) in paragraph (3)— 
(i) in clause (G) by striking out "and" at the end 
thereof, 
(ii) in clause (H) by striking out the period at the end 
thereof and inserting in lieu thereof ", including a 
description of the progress made toward achieving the 
goals of the plan;", and 
(iii) by inserting after clause (H) the following new 
clauses: 
"(I) provides— 
"(i) assurances that the grant recipient has held, after 
reasonable notice, public meetings in the State to allow 
scholars, interested organizations, and the public to present 
views and make recommendations regarding the plan; and 
"(ii) a summary of such recommendations and of the 
response of the grant recipient to such recommendations; 
and 
"(J) contains— 
"(i) a description of the level of participation during the 
previous two years by scholars and scholarly organizations 
in programs receiving financial assistance under this 
subsection; 
"(ii) a description of the extent to which the programs 
receiving financial assistance under this subsection are 
available to all people and communities in the State; and 
"(iii) a description of programs receiving financial assist-
ance under this subsection that exist or are being developed 
to secure wider participation of scholars and scholarly 
organizations identified under clause (i) of this subpara-
graph or that address the availability of the humanities to 
all people or communities identified under clause (ii) of this 
subparagraph. 
No application may be approved unless the accompanying plan 
satisfies the requirements specified in this subsection."; 
(4) by striking out the last sentence of subsection (g) and 
inserting in lieu thereof "The Secretary of Labor shall prescribe 
standards, regulations, and procedures necessary to carry out 
this subsection not later than 180 days after the date of the 
enactment of the Arts, Humanities, and Museums Amendments 
of 1985."; 
(5) by striking out "Chairman" each place it appears and 
inserting in lieu thereof "Chairperson"; and 
(6) by adding at the end thereof the following new subsections: 
"(j) It shall be a condition of the receipt of any grant under this 
section that the group or individual of exceptional talent or the 
State, State agency, or entity receiving such grant furnish adequate 
assurances to the Secretary of Labor that all laborers and mechanics 
employed by contractors or subcontractors on construction projects 
Prohibition. 
Grants. 
Prohibition. 
Regulations. 
Grants. 
State and local 
governments. 
99 STAT. 1338 
PUBLIC LAW 99-194—DEC. 20, 1985 
assisted under this section shall be paid wages at rates not less than 
those prevailing on similar construction in the locality, as deter-
mined by the Secretary of Labor in accordance with the Davis-Bacon 
Act, as amended (40 U.S.C. 276a—276a-5). The Secretary of Labor 
shall have, with respect to the labor standards specified in this 
subsection, the authority and functions set forth in Reorganization 
5 use app. 
Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and 
section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). 
Education. 
"(k) The Chairperson of the National Endowment for the Human-
ities shall, in consultation with State and local agencies, other 
relevant organizations, and relevant Federal agencies, develop a 
practical system of national information and data collection on the 
humanities, scholars, educational and cultural groups, and their 
audiences. Such system shall include cultural and financial trends 
in the various humanities fields, trends in audience participation, 
and trends in humanities education on national, regional, and State 
levels. Not later than one year after the date of the enactment of the 
Arts, Humanities, and Museums Amendments of 1985, the Chair-
person shall submit to the Committee on Education and Labor of the 
House of Representatives and the Committee on Labor and Human 
Resources of the Senate a plan for the development and im-
plementation of such system, including a recommendation regard-
ing the need for any additional funds to be appropriated to develop 
Report. 
and implement such system. Such system shall be used, along with a 
summary of the data submitted with plans under subsection (f), to 
Report. 
prepare a report on the state of the humanities in the Nation. The 
state of the humanities report shall include a description of the 
availability of the Endowment's programs to emerging and cul-
turally diverse scholars, cultural and educational organizations, and 
communities and of the participation of such scholars, orgsmiza-
Report. 
tions, and communities in such programs. The state of the human-
ities report shall be submitted to the President and the Congress, 
and provided the States, not later than October 1, 1988, and bienni-
ally thereafter. 
Report. 
"(1) Not later than January 31, 1986, the Chairperson of the 
Regulation. 
National Endowment for the Humanities shall transmit to the 
Equal Employment Opportunity Commission each plan and each 
report required under any regulation or management directive that 
is issued by the Commission and is in effect on such date of 
enactment. . 
SEC. 108. ESTABLISHMENT OF THE NATIONAL COUNCIL ON THE 
HUMANITIES. 
Section 8 of the National Foundation on the Arts and the Human-
98 Stat. 224. 
ities Act of 1965 (20 U.S.C. 957) is amended— 
(1) in subsection (b)— 
(A) in the first sentence by striking out "Chairman of the 
National Endowment for the Humanities, who shall be the 
Chairman" and inserting in lieu thereof "Chairperson of 
the National Endowment for the Humanities, who shall be 
the Chairperson", 
(B) in the second sentence by striking out "selected on the 
basis o f and inserting in lieu thereof "individuals who (1) 
are selected from among private citizens of the United 
States who are recognized for their broad knowledge of, 
expertise in, or commitment to the humanities, and (2) have 
established records of, and 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1339 
(C) by adding at the end thereof the following: 
"In making such appointments, the President shall give due regard 
President of U.S. 
to equitable representation of women, minorities, and individuals 
Discrimination, 
with disabilities who are involved in the humanities."; 
prohibition. 
(2) in subsection (c) by striking out "his" each place it appears 
and inserting in lieu thereof "such member's"; 
(3) in subsections (d), (e), and (f) by striking out "Chairman" 
each place it appears and inserting in lieu thereof "Chair-
person"; and 
(4) in subsection (f)— 
(A) in the first sentence by striking out "his" and insert-
ing in lieu thereof "the Chairperson's", and 
(B) in the second sentence by striking out "he" and 
inserting in lieu thereof "the Chairperson". 
SEC. 109. ESTABLISHMENT OF THE FEDERAL COUNCIL ON THE ARTS AND 
THE HUMANITIES. 
Section 9 of the National Foundation on the Arts and the Human-
ities Act of 1965 (20 U.S.C. 958) is amended— 
98 Stat. 224. 
(1) in subsection (h)— 
(A) in the first sentence by striking out "Chairman of the 
National Endowment for the Arts, the Chairman of the 
National Endowment for the Humanities" and inserting in 
lieu thereof "Chairperson of the National Endowment for 
the Arts, the Chairperson of the National Endowment for 
the Humanities", 
(B) in the second sentence by striking out "Chairman" 
and inserting in lieu thereof "presiding officer", and 
(C) in the last sentence by striking out "he" and inserting 
in lieu thereof "the President"; 
(2) in subsection (c)(1) by striking out "Chairman" each place 
it appears and inserting in lieu thereof "Chairperson"; and 
(3) by striking out subsections (d) and (e) and inserting in lieu 
thereof the following new subsection: 
"(d) The Council shall conduct a study to determine— 
Study. 
"(1) the nature and level of Federal support provided to 
museums; 
"(2) the areas in which such support overlaps or is inadequate, 
particularly in case of emerging museums; 
"(3) the impact of the Institute of Museum Services in carry-
ing out its stated purpose; and 
"(4) the impact and nature of conservation and preservation 
Conservation. 
programs being carried out under this Act and other Federal 
laws and the areas in which such programs overlap or are 
inadequate.". 
SEC. 110. ADMINISTRATIVE PROVISIONS. 
Section 10 of the National Foundation on the Arts and the 
Humanities Act of 1965 (20 U.S.C. 959) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding clause (1) by striking out 
"Chairman of the National Endowment for the Arts and 
the Chairman of the National Endowment for the Human-
ities" and inserting in lieu thereof "Chairperson of the 
National Endowment for the Arts and the Chairperson of 
the National Endowment for the Humanities", 
(B) in clause (1)— 
99 STAT. 1340 
PUBLIC LAW 99-194—DEC. 20, 1985 
Prohibition. 
Reports. 
(i) by striking out "he" and inserting in lieu thereof 
"the Chairi)erson", and 
(ii) by striking out "his" and inserting in lieu thereof 
"the Chairperson's", 
(C) in clause (2) by striking out "Chairman" each place it 
appears and inserting in lieu thereof "Chairperson", 
(D) in clause (3) by striking out "his" and inserting in lieu 
thereof "the Chairperson's", 
(E) in clause (4) by striking out "section 15" and all that 
follows through "representation" and inserting in lieu 
thereof "section 3109 of title 5, United States Code", 
(F) in the matter following clause (8) by striking out 
"Chairman" each place it appears and inserting in lieu 
thereof "Chairperson", and 
(G) by adding at the end thereof the following: 
"In selecting panels of experts under clause (4) to review and make 
recommendations with respect to the approval of applications for 
financial assistance under this Act, each Chairperson shall appoint 
individuals who have exhibited expertise and leadership in the field 
under review, who broadly represent diverse characteristics in 
terms of aesthetic or humanistic perspective, and geographical 
factors, and who broadly represent cultural diversity. Each Chair-
person shall assure that the membership of panels changes substan-
tially from year to year, and that no more than 20 per centum of the 
annual appointments shall be for service beyond the limit of three 
consecutive years on a subpanel. In making appointments, each 
Chairperson shall give due regard to the need for experienced as 
well as new members on each panel. Panels of experts appointed to 
review or make recommendations with respect to the approval of 
applications or projects for funding by the National Endowment for 
the Arts shall, when reviewing such applications and projects, rec-
ommend for funding only applications and projects that in the 
context in which they are presented, in the experts' view, foster 
excellence, are reflective of exceptional talent, and have significant 
literary, scholarly, cultural, or artistic merit. Whenever there is 
pending an application submitted by an individual for financial 
assistance under section 5(c), such individual may not serve as a 
member of any subpanel (or panel where a subpanel does not exist) 
before which such application is pending. The prohibition described 
in the previous sentence shall commence on the date the application 
is submitted and continue for so long as the application is pending."; 
(2) in subsection (b) by striking out "Chairman" each place it 
appears and inserting in lieu thereof "Chairperson"; and 
(3) by striking out subsection (d) and inserting in lieu thereof 
the following new subsections: 
"(d)(1) The Chairperson of the National Endowment for the Arts 
and the Chairperson of the National Endowment for the Humanities 
shall conduct a post-award evaluation of projects, productions, and 
programs for which financial assistance is provided by their respec-
tive Endowments under sections 5(c) and 7(c). Such evaluation may 
include an audit to determine the accuracy of the reports required 
to be submitted by recipients under clauses (i) and (ii) of paragraph 
(2)(A). As a condition of receiving such financial assistance, a recipi-
ent shall comply with the requirements specified in paragraph (2) 
that are applicable to the project, production, or program for which 
such financial assistance is received. 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1341 
Report. 
"(2XA) The recipient of financial assistance provided by either of 
the Endowments shall submit to the Chairperson of the Endowment 
involved— 
"(i) a financial report containing such information as the 
Report 
Chairperson deems necessary to ensure that such 
financial 
assistance is expended in accordance with the terms and condi-
tions under which it is provided; 
"(ii) a report describing the project, production, or program 
carried out with such finsincial assistance; and 
"(iii) if practicable, as determined by the Chairperson, a copy 
of such project, production, or program. 
"(B) Such recipient shall comply with the requirements of this 
paragraph not later than 90 days after the end of the period for 
which such financial assistance is provided. The Chairperson may 
extend the 90-day period only if the recipient shows good cause why 
such an extension should be granted. 
"(3) If such recipient substantially fails to satisfy the purposes for 
which such financial assistance is provided and the criteria specified 
in the last sentence of subsection (a), as determined by the Chair-
person of the Endowment that provided such financial assistance, 
then such Chairperson may— 
"(A) for purposes of determining whether to provide any 
subsequent financial assistance, take into consideration the 
results of the post-award evaluation conducted under this 
subsection; 
"(B) prohibit the recipient of such financial assistance to use 
the name of, or in any way associate such project, production, or 
program with the Endowment that provided such 
financial 
assistance; and 
"(C) if such project, production, or program is published, 
require that the publication contain the following statement: 
'The opinions, findings, conclusions, and recommendations 
expressed herein do not reflect the views of the National 
Endowment for the Arts or the National Endowment for the 
Humanities.'. 
"(e)(1) The Chairperson of the National Endowment for the Arts 
and the Chairperson of the National Endowment for the Human-
ities, with the cooperation of the Secretary of Education, shall 
conduct jointly a study of— 
"(A) the state of arts education and humanities education, as 
currently taught in the public elementary and secondary 
schools in the United States; and 
"(B) the current and future availability of qualified instruc-
tional personnel, and other factors, affecting the quality of 
education in the arts and humanities in such schools. 
"(2) The Endowments shall consult with the Committee on Labor 
and Human Resources of the Senate and the Committee on Edu-
cation and Labor of the House of Representatives in the design and 
implementation of the study required by this subsection. 
"(3) Not later than two years after the date of the enactment of 
the Arts, Humanities, and Museums Amendments of 1985, the 
Endowments shall submit to the President, the Congress, and the 
States a report containing— 
"(A) the findings of the study under paragraph (1); 
"(B) the Endowments' views of the role of the arts and 
humanities in elementary and secondary education; 
Study. 
Education. 
Schools and 
colleges. 
Study. 
Report. 
Education. 
99 STAT. 1342 
PUBLIC LAW 99-194—DEC. 20, 1985 
"(C) recommendations designed to encourage making arts 
and humanities education available throughout elementary and 
secondary schools; 
"(D) recommendations for the participation by the National 
Endowment for the Arts and the National Endowment for the 
Humanities in arts education and humanities education in such 
schools; and 
c
- 
"(E) an evaluation of existing policies of the National Endow-
ment for the Arts and the National Endowment for the Human-
ities that expressly or inherently affect the Endowments' 
abilities to expand such participation. 
Report. 
"(f) Not later than October 1, 1987, each Endowment shall submit 
to the Congress a report detailing the procedures used in selecting 
experts for appointment to panels and the procedures applied by 
panels in making recommendations with respect to approval of 
applications for financial assistance under this Act, including proce-
dures to avoid possible conflicts of interest which may arise in 
providing financial assistance under this Act.". 
SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 
(a) FUNDS AUTHORIZED FOR PROGRAM GRANTS.—Section 11(a)(1) of 
the National Foundation on the Arts and the Humanities Act of 
98 Stat. 224. 
1965 (20 U.S.C. 960(a)(1)) is amended— 
(1) in subparagraph (A) by striking out "$115,500,000" and all 
that follows through "1985" and inserting in lieu thereof 
"$121,678,000 for fiscal year 1986, $123,425,120 for fiscal year 
1987, $128,362,125 for fiscal year 1988, and such sums as may be 
necessary for each of the fiscal years 1989 and 1990"; and 
(2) in subparagraph (B) by striking out "$114,500,000" and all 
that follows through "1985" and inserting in lieu thereof 
"$95,207,000 for fiscal year 1986, $99,015,280 for fiscal year 1987, 
$102,975,891 for fiscal year 1988, and such sums as may be 
necessary for each of the fiscal years 1989 and 1990;". 
(b) 
FUNDS 
AUTHORIZED 
TO 
MATCH 
NON-FEDERAL 
FUNDS 
RECEIVED.—Section 11(a) of the National Foundation on the Arts 
and the Humanities Act of 1965 (20 U.S.C. 960(a)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by striking out "October 1, 1985" and inserting in 
lieu thereof "October 1,1990", and 
(ii) by striking out "$18,500,000" the first place it 
appears and all that follows through "1985" and insert-
ing in lieu thereof "$8,820,000 for fiscal year 1986, 
$9,172,800 for fiscal year 1987, $9,539,712 for fiscal year 
:\ 
1988, and such sums as may be necessary for each of 
the fiscal years 1989 and 1990", and 
. 
< 
(B) in subparagraph (B)— 
(i) by striking out "October 1, 1985" and inserting in 
lieu thereof "October 1,1990", 
(ii) in clause (ii) by inserting "and subgrantees" after 
"grantees" each place it appears, and 
(iii) by striking out "$12,500,000" and all that follows 
through 
"1985' 
and inserting 
in 
lieu 
thereof 
"$10,780,000 for fiscal year 1986, $11,211,200 for fiscal 
year 1987, $11,659,648 for fiscal year 1988, and such 
hnt ail 
sums as may be necessary for each of the fiscal years 
1989 and 1990"; and 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1343 
(2) 
in 
paragraph (3)— 
(A) 
in 
subparagraph (A)— 
(i) by striking out "October 1, 1985" and inserting in 
lieu thereof "October 1, 1990", and 
(ii) by striking out "$27,000,000" and all that follows 
through 
"1985" 
and 
inserting 
in 
lieu 
thereof 
"$20,580,000 for fiscal year 1986, $21,403,200 for fiscal 
year 1987, $22,259,328 for fiscal year 1988, and such 
sums as may be necessary for each of the fiscal years 
1989 and 1990", 
(B) in subparagraph (B)— 
(i) by striking out "October 1, 1985" and inserting in 
lieu thereof "October 1,1990", and 
(ii) by striking out "$30,000,000" and all that follows 
through 
"1985" 
and 
inserting 
in 
lieu 
thereof 
u {ia< 
"$19,600,000 for fiscal year 1986, $20,384,000 for fiscal 
year 1987, $21,199,360 for fiscal year 1988, and such 
sums as may be necessary for each of the fiscal years 
' ^etr 
1989 and 1990", and 
(C) in subparagraph (C)— 
(i) by striking out "Chairman" and inserting in lieu 
thereof "Chairperson", and 
(ii) by striking out "he" and inserting in lieu thereof 
"the Chairperson"; and 
(3) in paragraph (4) by striking out "Chairman" each place it 
appears and by inserting in lieu thereof "Chairperson". 
(c) FUNDS AUTHORIZED FOR ADMINISTRATION OF PROGRAMS OF THE 
NATIONAL ENDOWMENTS.—Section 11(c) of the National Foundation 
on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is 
amended— 
(1) in paragraph (1) by striking out "$14,000,000" and all that 
follows 
through 
"1985" and 
inserting 
in 
lieu 
thereof 
i 
"$15,982,000 for fiscal year 1986, $16,205,280 for fiscal year 1987, 
$16,853,491 for fiscal year 1988, and such sums as may be 
necessary for each of the fiscal years 1989 and 1990"; 
(2) in paragraph (2) by striking out "$13,000,000" and all that 
follows 
through 
"1985" and 
inserting 
in 
lieu 
thereof 
"$14,291,000 for fiscal year 1986, $14,446,640 for fiscal year 1987, 
$15,024,506 for fiscal year 1988, and such sums as may be 
necessary for each of the fiscal years 1989 and 1990"; and 
(3) by striking out "Chairman" each place it appears and 
inserting in lieu thereof "Chairperson". 
(d) 
AUTHORIZATION MAXIMUMS.—Section 11 of the 
National 
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 
960) is amended— 
98 Stat. 225. 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting 
after 
subsection 
(c) the following 
new 
suljsection: 
"(d)(1) The total amount of appropriations to carry out the activi-
ties of the National Endowment for the Arts shall not exceed— 
gp 
"(A) $167,060,000 for fiscal year 1986, 
"(B) $170,206,400 for fiscal year 1987, and 
"(C) $177,014,656 for fiscal year 1988. 
"(2) The total amount of appropriations to carry out the activities 
for the National Endowment for the Humanities shall not exceed— 
"(A) $139,878,000 for fiscal year 1986, 
"(B) $145,057,120 for fiscal year 1987, and 
99 STAT. 1344 
PUBLIC LAW 99-194—DEC. 20, 1985 
Prohibition. 
Ante, pp. 1333, 
1335. 
20 u s e 954 note. 
"(C) $150,859,405 for fiscal year 1988.". 
(e) TECHNICAL 
AMENDMENT.—Section 11(e) of the National 
Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 
960(a)), as redesignated by subsection (d) of this section, is amended 
by striking out "under this title". 
SEC. 112. APPLICATION OF AMENDMENTS. 
The amendments made by sections 105(3) and 107(3) shall not 
apply with respect to plans submitted for financial assistance to be 
provided with funds appropriated for fiscal year 1986. 
TITLE II—AMENDMENTS TO MUSEUM SERVICES ACT 
Prohibition. 
President of U.S. 
Discrimination, 
prohibition. 
SEC. 
2
0
1
. 
NATIONAL 
MUSEUM 
SERVICES 
BOARD. 
98 Stat. 225. 
Section 204 of the Museum Services Act (20 U.S.C. 963) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking out the second sentence 
and inserting in lieu thereof the following: 
"Such members shall be selected from among citizens of the United 
States who are members of the general public and who are— 
"(A) broadly representative of the various museums, includ-
ing museums relating to science, history, technology, art, zoos, 
and botanical gardens, and of the curatorial, educational, and 
cultural resources of the United States; and 
"(B) recognized for their broad knowledge, expertise, or 
experience in museums or commitment to museums. 
Members shall be appointed to reflect various geographical regions 
of the United States. The Board may not include, at any time, more 
than three members from a single State. In making such appoint-
ments, the President shall give due regard to equitable representa-
tion of women, minorities, and persons with disabilities who are 
involved in such museums.", and 
(B) in paragraph (2)(A) by striking out "Chairman" each 
place it appears and inserting in lieu thereof "Chair-
person"; 
(2) in the last sentence of subsection (b) by striking out "his" 
each place it appears and inserting in lieu thereof "such mem-
ber's"; and 
(3) in subsections (c) and (d) by striking out "Chairman" each 
place it appears and inserting in lieu thereof "Chairperson". 
SEC. 202. DIRECTOR OF THE INSTITUTE. 
98 Stat. 225. 
Section 205(a)(2) of the Museum Services Act (20 U.S.C. 964(a)(2)) is 
amended by striking out "his" and inserting in lieu thereof "the 
Chairperson's". 
SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 
98 Stat. 225. 
(a) Section 209(a) of the Museum Services Act (20 U.S.C. 967(a)) is 
amended by striking out "$25,000,000" and all that follows through 
"1985" and inserting in lieu thereof "$21,600,000 for fiscal year 1986, 
$22,464,000 for fiscal year 1987, $23,362,560 for fiscal year 1988, and 
such sums as may be necessary for each of the fiscal years 1989 and 
1990". 
(b) Section 209(d) of the Museum Services Act (20 U.S.C. 967(d)) is 
amended by striking out "1985" and inserting in lieu thereof "1990". 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1345 
TITLE III—AMENDMENTS TO ARTS AND ARTIFACTS 
INDEMNITY ACT 
SEC. 301. FEDERAL COUNCIL MEMBERSHIP. 
Section 2(b) of the Arts and Artifacts Indemnity Act (20 U.S.C. 
9710b)) is amended— 
(l)by inserting "(1)" after the subsection designation; and 
(2) by adding at the end thereof the following new paragraph: 
"(2) For purposes of this Act, the Secretary of the Smithsonian 
Institution, the Director of the National Geillery of Art, the member 
designated by the Chairman of the Senate Commission of Art and 
Antiquities and the member designated by the Speaker of the House 
of Representatives shall not serve as members of the Council.". 
SEC. 302. ELIGIBILITY FOR INDEMNITY. 
(a) Section 30)X1) of the Arts and Artifacts Indemnity Act (20 
U.S.C. 9720t)Xl)) is amended by striking out ", or elsewhere when 
part of an exchange of exhibitions, but in no case shall both parts of 
such an exhibition be so covered" and inserting in lieu thereof "or 
elsewhere preferably when part of an exchange of exhibitions". 
Oa) The amendment made by paragraph (1) shall apply with 
respect to any exhibition which is certified under section 3(a) of the 
Arts and Arttfacts Indemnity Act after the date of enactment of this 
Act. 
SEC. 303. INDEMNITY AGREEMENT. 
(a) Section 50)) of the Arts and Artifacts Indemnity Act (20 U.S.C. 
9740))) is amended by striking out "$400,000,000" and inserting in 
lieu thereof "$650,000,000". 
Qji) Section 5(c) of the Arts and Artifacts Indemnity Act (20 U.S.C. 
974(c)) is amended by striking out "$50,000,000" and inserting in lieu 
thereof "$75,000,000". 
TITLE IV—ALTERNATIVE FEDERAL FUNDING OF THE 
ARTS AND HUMANITIES 
SEC. 40L STUDY OF ALTERNATIVE FUNDING OF THE ARTS AND THE 
HUMANITIES. 
Prohibition. 
20 u s e 972 note. 
(a) STUDY REQUIRED.—(1) The Comptroller General of the United 
States shall conduct a study to determine the feasibility of 
supplementing expenditures made from the general fund of the 
Treasury of the United States for the National Endowment for the 
Arts, the National Endowment for the Humanities, and the In-
stitute of Museum Services through other Federal funding mecha-
nisms. The study required by this section shall consider, but is not 
limited to, the consideration of the following funding sources: 
(A) A revolving fund comprised of pa3rments made to the Copyrights. 
Federal Government through an extension of the existing Fed-
eral copjrright period for artistic, dramatic, literary, and musi-
cal works. 
(B) A revolving fund comprised of payments made to the 
Federal Government for the right to use or publicly perform 
artistic, dramatic, literary, and musical works in the public 
domain. 
(2) In carrying out the study required by this section, the 
Comptroller General shall frequently consult with and seek the 
advice of the Chairperson of the National Endowment for the Arts, 
99 STAT. 1346 
PUBLIC LAW 99-194—DEC. 20, 1985 
the Chairperson of the National Endowment for the Humanities, 
the Director of the Institute of Museum Services, the Register of 
Copyrights, the Chairman of the Labor and Human Resources 
Committee of the Senate, the Chairman of the Education and Labor 
Committee of the House of Representatives, the Chairman of the 
Committee on the Judiciary of the Senate, and the Chairman of the 
Committee on the Judiciary of the House of Representatives, con-
cerning the scope, direction, and focus of the study. 
(3) In conducting the study required by this section, the Comptrol-
ler General shall consider the impact which the implementation of 
each supplemental funding mechanism would have on— 
Copyrights. 
(A) any international copyright treaties, commitments, and 
obligations to which the United States is a party; 
(B) public participation in the arts and the humanities; 
(C) private, corporate, and foundation support for the arts and 
the humanities; 
(D) the overall quality of arts and the humanities in the 
United States; 
(E) the creative activities of individual authors and artists; 
and 
Copyrights. 
(F) the activities and operations of private copyrighting 
organizations, 
(b) REPORT.—The Comptroller General shall prepare and submit 
to the Congress not later than one year after the date of enactment 
of this Act a report of the study required by this section, together 
with such recommendations as the Comptroller General deems 
appropriate. 
TITLE V—CONSTITUTIONAL BICENTENNIAL EDUCATION 
PROGRAM 
Grants. 
Schools and 
colleges. 
Schools and 
colleges. 
20 u s e 959. 
SEC. 501. EDUCATION PROGRAM FOR THE COMMEMORATION OF THE BI-
CENTENNIAL OF THE CONSTITUTION OF THE UNITED STATES 
AND THE BILL OF RIGHTS. 
(a) GENERAL AUTHORITY.—(1) The Commission on the Bicentennial 
of the United States Constitution shall, in accordance with the 
provisions of this section, carry out an education program for 
the commemoration of the bicentennial of the Constitution of the 
United States and the Bill of Rights. 
(2) To commemorate the bicentennial anniversary of the Constitu-
tion of the United States and the Bill of Rights, the Commission— 
(A) is authorized to make grants to local educational agencies, 
private elementary and secondary schools, private organiza-
tions, individuals, and State and local public agencies in the 
United States for the development of instructional materials 
and programs on the Constitution of the United States and the 
Bill of Rights which are designed for use by elementary or 
secondary school students; and 
(B) shall implement an annual national bicentennial Con-
stitution and Bill of Rights competition based upon the pro-
grams developed and used by elementary and secondary schools. 
(3) In carrying out the program authorized by this section, the 
Chairman of the Commission shall have the same authority as is 
established in section 10 of the National Foundation on the Arts and 
the Humanities Act of 1965. 
-»«*.*»- 
^^ .„.. , . . ~-i 
PUBLIC LAW 99-194—DEC. 20, 1985 
99 STAT. 1347 
(b) DEFINITION.—For the purpose of this section, the term 
"Commission" means the Commission on the Bicentennial of the 
United States Constitution. 
(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized 
to be appropriated $5,000,000 for each of the fiscal years 1987, 1988, 
1989, 1990, and 1991 to carry out the provisions of this section. 
(2) Amounts appropriated pursuant to paragraph (1) may be used 
for necessary administrative expenses, including staff. 
TITLE VI—POET LAUREATE CONSULTANT IN POETRY 
SEC. 
6
0
1
. 
AUTHORITY FOR POET LAUREATE CONSULTANT IN POETRY. 2 
USC 
1
7
7
. 
(a) RECOGNITION OF THE CONSULTANT IN POETRY.—The Congress 
recognizes that the Consultant in Poetry to the Library of Congress 
has for some time occupied a position of prominence in the life of the 
Nation, has spoken effectively for literary causes, and has occasion-
ally performed duties and functions sometimes associated with the 
position of poet laureate in other nations and societies. Individuals 
are appointed to the position of Consultant in Poetry by the Librar-
ian of Congress for one- or two-year terms solely on the basis of 
literary merit, and are compensated from endowment funds 
administered by the Library of Congress Trust Fund Board. The 
Congress further recognizes this position is equivalent to that of 
Poet Laureate of the United States. 
O
t
)
) POET LAUREATE CONSULTANT IN POETRY ESTABUSHED.—(1) 
There is established in the Library of Congress the position of Poet 
Laureate Consultant in Poetry. The Poet Laureate Consultant in 
Poetry shall be appointed by the Librarian of Congress pursuant to 
the same procedures of appointment as established on the date of 
enactment of this section for the Consultant in Poetry to the Library 
of Congress. 
(2) Each department and office of the Federal Grovemment is 
encouraged to make use of the services of the Poet Laureate 
Consultant in Poetry for ceremonial and other occasions of celebra-
tion under such procedures as the Librarian of Congress shall 
approve designed to assure that participation under this paragraph 
does not impair the continuation of the work of the individual 
chosen to fill the position of Poet Laureate Consultant in Poetry. 
Library 
of 
Congress. 
Library 
of 
Congress. 
.€'. OJl 
99 STAT. 1348 
PUBLIC LAW 99-194—DEC. 20, 1985 
(c) POETRY PROGRAM.—(1) The Chairperson of the National 
Endowment for the Arts, with the advice of the National Council on 
the Arts, shall annually sponsor a program at which the Poet 
Laureate Consultant in Poetry will present a major work or the 
work of other distinguished poets. 
Appropriation 
(2) There are authorized to be appropriated to the National 
authorization. 
Endowment for the Arts $10,000 for the fiscal year 1987 and for each 
succeeding fiscal year ending prior to October 1, 1990, for the 
purpose of carrying out this subsection. 
Approved December 20, 1985. 
LEGISLATIVE HISTORY—S. 1264 (H.R. 3248): 
HOUSE REPORT No. 99-274 accompanying H.R. 3248 (Comm. on Education and 
Labor). 
SENATE REPORT No. 99-125 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
Oct. 3, considered and passed Senate. 
Oct. 10, H.R. 3248 considered and passed House; proceedings vacated and S. 
1264, amended, passed in lieu. 
Dec. 3, Senate concurred in House amendments with amendment. 
Dec. 4, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 21, No. 51 (1985): 
Dec. 20, Presidential statement.