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Calendar No. 180
105th CONGRESS
1st Session
S. 1020
[Report No. 105-86]
_______________________________________________________________________
A BILL
To amend the National Foundation on the Arts and Humanities Act of 1965
and the Art and Artifacts Indemnity Act to improve and extend the Acts,
and for other purposes.
_______________________________________________________________________
September 24, 1997
Reported with an amendment
Calendar No. 180
105th CONGRESS
1st Session
S. 1020
[Report No. 105-86]
To amend the National Foundation on the Arts and Humanities Act of 1965
and the Art and Artifacts Indemnity Act to improve and extend the Acts,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 1997
Mr. Jeffords (for himself, Mr. Kennedy, Mr. Chafee, and Mr. Reed)
introduced the following bill; which was read twice and referred to the
Committee on Labor and Human Resources
September 24, 1997
Reported by Mr. Jeffords, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the National Foundation on the Arts and Humanities Act of 1965
and the Art and Artifacts Indemnity Act to improve and extend the Acts,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Arts and Humanities
Amendments of 1997''.</DELETED>
<DELETED>TITLE I--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
ACT OF 1965</DELETED>
<DELETED>SEC. 101. NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES.</DELETED>
<DELETED> The National Foundation on the Arts and the Humanities Act
of 1965 (20 U.S.C. 951 et seq.) is amended to read as
follows:</DELETED>
<DELETED>``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> ``(a) Short Title.--This Act may be cited as the `National
Foundation on the Arts and the Humanities Act of 1965'.</DELETED>
<DELETED> ``(b) Table of Contents.--The table of contents is as
follows:</DELETED>
<DELETED>``Sec. 1. Short title; table of contents.
<DELETED>``Sec. 2. Purposes.
<DELETED>``Sec. 3. Definitions.
<DELETED>``TITLE I--NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
<DELETED>``Sec. 101. Establishment of the National Foundation
on the Arts and the Humanities.
<DELETED>``Sec. 102. General limitations on grants.
<DELETED>``Sec. 103. Joint administration.
<DELETED>``Sec. 104. Study on a true endowment.
<DELETED>``Sec. 105. Donations, bequests, and devises.
<DELETED>``Sec. 106. Authorization of appropriations.
<DELETED>``TITLE II--NATIONAL ENDOWMENT FOR THE ARTS
<DELETED>``Sec. 201. Definitions.
<DELETED>``Sec. 202. Establishment of the National Endowment
for the Arts.
<DELETED>``Sec. 203. Application procedures.
<DELETED>``Sec. 204. Advisory panels.
<DELETED>``Sec. 205. National Council on the Arts.
<DELETED>``Sec. 206. Limitations on grants.
<DELETED>``Sec. 207. Administrative provisions.
<DELETED>``Sec. 208. Reports.
<DELETED>``Sec. 209. Sanctions and payments.
<DELETED>``Sec. 210. National Medal of Arts Awards.
<DELETED>``TITLE III--NATIONAL ENDOWMENT FOR THE HUMANITIES
<DELETED>``Sec. 301. Definitions.
<DELETED>``Sec. 302. Establishment of the National Endowment
for the Humanities.
<DELETED>``Sec. 303. Application procedures.
<DELETED>``Sec. 304. Review panels.
<DELETED>``Sec. 305. National Council on the Humanities.
<DELETED>``Sec. 306. Limitations on grants.
<DELETED>``Sec. 307. Administrative provisions.
<DELETED>``Sec. 308. Reports.
<DELETED>``Sec. 309. Sanctions and payments.
<DELETED>``Sec. 310. Awards.
<DELETED>``SEC. 2. PURPOSES.</DELETED>
<DELETED> ``The purposes of this Act are--</DELETED>
<DELETED> ``(1)(A) to ensure that the arts and the
humanities belong to all the people of the United States;
and</DELETED>
<DELETED> ``(B) to support the arts and the humanities,
which are essential to social, cultural, and economic
progress;</DELETED>
<DELETED> ``(2) to encourage and support national progress
and scholarship in the arts and the humanities, because such
encouragement and support, while primarily matters for private
and local initiative, are also appropriate matters of concern
for the Federal Government;</DELETED>
<DELETED> ``(3) to ensure that the United States, as an
advanced civilization, does not limit its efforts to science
and technology alone but gives full value and support to the
other great branches of scholarly and cultural activity in
order to achieve a better understanding of the past, a better
analysis of the present, and a better view of the
future;</DELETED>
<DELETED> ``(4) to further the advancement of the arts and
the humanities and the access of all citizens of the United
States to the arts and the humanities, in partnership with
local, State, regional, and private agencies, organizations,
and individuals;</DELETED>
<DELETED> ``(5) in furthering the advancement and access
described in paragraph (4), to be sensitive to the nature of
public support and the need to use public funding in a manner
that recognizes the responsibility of the Federal Government to
the public good;</DELETED>
<DELETED> ``(6) to ensure that public funds provided by the
Federal Government ultimately serve the public purposes the
Congress defines and are subject to the conditions that
traditionally govern the use of public money;</DELETED>
<DELETED> ``(7) to ensure that--</DELETED>
<DELETED> ``(A) Federal support of the arts and the
humanities reflects the high place accorded by the
people of the United States to the Nation's rich
cultural heritage; and</DELETED>
<DELETED> ``(B) public funding of the arts and the
humanities contributes to public support for and
confidence in the use of taxpayer funds;</DELETED>
<DELETED> ``(8)(A) to support the practice of art and the
study of the humanities, which require constant dedication and
devotion; and</DELETED>
<DELETED> ``(B) while recognizing that no government can
create a great artist or scholar, to help create and sustain
not only a climate encouraging freedom of thought, imagination,
and inquiry, but also the material conditions facilitating the
release of creative talent; and</DELETED>
<DELETED> ``(9)(A) to ensure that United States students
receive in school, background and preparation in the arts and
the humanities to enable the students to recognize and
appreciate the aesthetic dimensions of their lives, the
cultural heritage of the United States, and the full potential
of artistic and scholarly expression; and</DELETED>
<DELETED> ``(B) to increase access to the arts and the
humanities for all persons in the United States by--</DELETED>
<DELETED> ``(i) encouraging and developing quality
education in the arts and the humanities at all levels,
in conjunction with programs of lifelong learning in
the arts and the humanities for all age groups and with
formal systems of elementary, secondary, and
postsecondary education; and</DELETED>
<DELETED> ``(ii) encouraging and facilitating the
work of scholars, artists, arts institutions, and
Federal, State, regional, and local agencies in the
area of education in the arts and the
humanities.</DELETED>
<DELETED>``SEC. 3. DEFINITIONS.</DELETED>
<DELETED> ``In this Act:</DELETED>
<DELETED> ``(1) Arts.--The term `arts' includes--</DELETED>
<DELETED> ``(A) dance, design, literature, media
arts, music, theater, and visual arts;</DELETED>
<DELETED> ``(B) folk and traditional arts practiced
by the diverse peoples of the United States;
and</DELETED>
<DELETED> ``(C) the presentation, performance,
execution, exhibition, preservation, and study of the
arts described in subparagraph (A) or (B), including
the study of the arts through apprenticeships,
internships, and other career oriented work-study
experiences for artists and art teachers, and
residencies for artists at all educational
levels.</DELETED>
<DELETED> ``(2) Cultural heritage.--The term `cultural
heritage' means the living legacy of creations, skills, and
knowledge handed down from prior generations--</DELETED>
<DELETED> ``(A) that embraces the traditional arts
and ideas that are developed informally and that
reflect the heritage, tradition, and history of
American communities over the centuries; and</DELETED>
<DELETED> ``(B) that continues to evolve as new
groups contribute to the American experience.</DELETED>
<DELETED> ``(3) Grant.--The term `grant' includes a loan, a
contract, and a cooperative agreement.</DELETED>
<DELETED> ``(4) Group.--The term `group' includes any State
or local arts agency, regional group, and any nonprofit
organization or institution in the United States, whether or
not incorporated.</DELETED>
<DELETED> ``(5) Humanities.--The term `humanities'
includes--</DELETED>
<DELETED> ``(A) the study and interpretation of--
</DELETED>
<DELETED> ``(i) language, both modern and
classical, linguistics, literature, history,
jurisprudence, philosophy, archaeology,
comparative religion, and ethics;</DELETED>
<DELETED> ``(ii) the history, criticism, and
theory of the arts;</DELETED>
<DELETED> ``(iii) folklore and folklife;
and</DELETED>
<DELETED> ``(iv) the aspects of the social
sciences that have humanistic content and
employ humanistic methods; and</DELETED>
<DELETED> ``(B) the study and application of the
humanities described in subparagraph (A) to the human
environment with particular attention to--</DELETED>
<DELETED> ``(i) reflecting the heritage,
traditions, and history of the United States;
and</DELETED>
<DELETED> ``(ii) the relevance of the
humanities described in subparagraph (A) to the
conditions of national life.</DELETED>
<DELETED> ``(6) Program income.--</DELETED>
<DELETED> ``(A) In general.--The term `program
income' means any money that is earned or received, by
a recipient of a grant made under title II or III, from
an activity supported by the funds made available
through the grant or from a product resulting from or
related to an activity carried out under the
grant.</DELETED>
<DELETED> ``(B) Types of income.--The term
includes--</DELETED>
<DELETED> ``(i) income from a fee for
service performed, or from the sale of an item
created, under the grant;</DELETED>
<DELETED> ``(ii) income from a licensing fee
on a product related to an activity carried out
under the grant;</DELETED>
<DELETED> ``(iii) a usage or rental fee for
equipment or property acquired under the
grant;</DELETED>
<DELETED> ``(iv) an admission fee for an
activity carried out under the grant;</DELETED>
<DELETED> ``(v) income from a broadcast or
distribution right for such an activity;
and</DELETED>
<DELETED> ``(vi) a royalty on a patent or
copyright for such an activity.</DELETED>
<DELETED> ``(7) Regional group.--The term `regional group'
means any multistate group, whether or not representative of
contiguous States.</DELETED>
<DELETED> ``(8) State.--The term `State' includes, in
addition to the several States of the United States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.</DELETED>
<DELETED> ``(9) Underserved communities.--The term
`underserved communities' means those communities that have
historically been outside the purview of arts and humanities
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