legislation: 101-hr-4825
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| 101-hr-4825 | 101 | hr | 4825 | Arts, Humanities, and Museums Amendments of 1990 | Arts, Culture, Religion | 1990-05-15 | 1990-10-15 | Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 985. | House | Rep. Williams, Pat [D-MT-1] | MT | D | W000520 | 1 | Arts, Humanities, and Museums Amendments of 1990 - Title I: Amendments to the National Foundation on the Arts and Humanities Act of 1965 - Amends the National Foundation on the Arts and the Humanities Act of 1965 (NFAHA) to include all those traditional arts practiced by the diverse peoples of this country under the definition of "the arts." Defines a "developing arts organization" as a local arts organization of high artistic promise which: (1) serves as an important source of local arts programming in a community; and (2) has the potential to develop artistically and institutionally to broaden public access to the arts in rural and inner city areas and other areas that are underserved artistically. Defines "obscene" as something determined to be obscene by a final judgment of a court of record and of competent jurisdiction in the United States. Includes among supportable projects those that: (1) develop and enhance the widest public education in the arts; (2) encourage public education in the arts; (3) enhance managerial and organizational skills and capacities; (4) have national or international significance; or (5) are projects, productions, and workships through film, radio, video, and similar media to broaden public access to the arts. Requires the Chairperson of the National Endowment for the Arts (NEA) to ensure that: (1) artistic excellence and merit are the criteria by which applications are judged, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public; and (2) NEA regulations and procedures clearly indicate that obscenity is without artistic merit, is not protected speech, and shall not be funded. Prohibits NEA funding of projects, productions, workshops, and programs determined to be obscene. Declares that disapproval or approval of such an application by the Chairperson shall not be construed to mean or considered as evidence that the project, etc. is or is not obscene. Requires State applications for NEA financial assistance to describe levels of participation in assisted projects by artists and arts organizations and of the availability of such projects to all people and communities in the State for the most recent preceding year for which information is available. Authorizes NEA contracts or grants to public agencies and private nonprofit organizations to stimulate artistic activity and awareness which are in keeping with the varied cultural traditions of this Nation. Directs the NEA Chairperson to continue to develop and employ practical national information systems on the arts to prepare quadrennial (currently, biennial) state of the arts reports for the President and the Congress, and to disseminate such information to the public. Revises NEA application, assistance distribution, and compliance review requirements. Directs the NEA Chairperson to require a recipient to repay any NEA financial assistance used for a project, production, workshop, or program determined to be obscene, before such recipient may receive any subsequent financial assistance. Authorizes the NEA Chairperson to establish a program of contracts with or grants to States for: (1) raising artistic capabilities of developing organizations by providing for artistic, programmatic, and staff development and technical assistance for organization, financial management, and long-range planning; and (2) stimulating artistic activity and awareness and broadening public access to the arts in rural, inner city, and other underserved areas. Establishes a new program of grants and contracts for access to the arts through support of education to: (1) foster and encourage exceptional talent, public knowledge, understanding, and appreciation of the arts; and (2) support the education, training, and development of this Nation's artists. Directs the NEA Chairperson to appoint an advisory council on arts education. Revises certain requirements for the National Council on the Arts. Requires Council member appointments to represent equitably all U.S. geographic areas. Requires all policy meetings of the Council to be open to the public. Requires the Council to: (1) create written records summarizing all its meetings, discussions, and recommendations to the NEA Chairperson; and (2) make such records available to the public in a manner that protects the privacy of individual applicants, panel members, and Council members. Requires Council recommendations with respect to the approval of each application and the amount of financial assistance (if any). Repeals the NEA Chairperson's current authority to approve or disapprove an application before receiving the Council's recommendation if the Council fails to make it within a reasonable time. Requires an expressed and direct delegation of authority from the Council before the NEA Chairperson may approve or disapprove an application involving $30,000 or less. Grants the NEA Chairperson final authority to approve each application, but: (1) allows the Chairperson to provide an applicant only the amount of financial assistance recommended by the Council; and (2) prohibits the Chairperson from approving an application with respect to which the Council makes a negative recommendation. Directs the Council to make recommendations to the Chairperson concerning: (1) whether to approve applications for specified types of financial assistance that are determined by panels to have artistic excellence and merit; and (2) the amount of financial assistance the Chairperson should provide with respect to each such application. Revises provisions for the National Endowment for the Humanities (NEH). Authorizes the NEH Chairperson to enter in arrangements to carry out various NEH functions and programs. Provides for NEH initiation and support of training and workshops in the humanities through arrangements with institutions or individuals. Authorizes NEH financial assistance to foster programs and projects that provide access to and preserve materials important to research, education, and public understanding of the humanities. Provides for coordination (currently correlation) of NEH programs with other Federal and non-Federal programs. Revises provisions for designation of State administrative agencies for purposes of NEH financial assistance. Requires information for the most recent preceding year for which information is available on: (1) public meetings held for presentation of public views and recommendations for State plans; and (2) State plan descriptions of levels of participation in assisted programs by scholars and scholarly organizations and of the availability of such programs to all people and communities in the State. Directs the NEH Chairperson to continue to develop practical national information systems on the humanities to prepare quadrennial (currently, biennial) state of the humanities reports for the President and the Congress. Allows a group to be eligible for certain NEH financial assistance only if: (1) no part of its net earnings incurs to the benefit of any private stockholder or individual; and (2) donations to such group are allowable as a charitable contribution under specified Internal Revenue Code standards. Authorizes the following NEH annual awards: (1) the Jefferson Lecture in the Humanities, for distinguished intellectual achievement in the humanities; and (2) the Charles Frankel Prize, to up to five persons each year for outstanding contributions to the public's understanding of the humanities. Directs the Federal Council on the Arts and the Humanities to encourage an ongoing dialogue in support of the arts and humanities among Federal agencies. Repeals authorization for a study of Federal support to museums by the Council. Directs the NEA Chairperson to use advisory panels to review applications and make recommendations to the National Council on the Arts in all cases except when the Chairperson exercises' specified delegated authority. Requires such review panels to recommend applications for projects, productions, and workshops solely on the basis artistic excellence and merit. Directs the NEA Chairperson to issue regulations and establish procedures to: (1) ensure that all panels are composed, to the extent practicable, of individuals reflecting a wide geographic, ethnic, and minority representation as well as diverse artistic and cultural points of view; (2) ensure that all panels include representation of lay individuals knowledgeable but not engaged in the arts as a profession, and not members of artists' or arts organizations; (3) establish standardized panel procedures, where feasible; (4) require a written record of all panel deliberations and recommendations to be made public in a manner that protects privacy; (5) require use of site visitations to view and report on an applicant's work, where necessary and feasible; and (6) require panel membership to change substantially from year to year, with no appointment to exceed three consecutive years. Prohibits the NEA Chairperson from appointing to serve on a panel any individual who has, or is an employee of an organization which has, a pending application before that panel. Authorizes appropriations for FY 1991 through 1993 for the NEA and the NEH, including incentive authorizations for both Endowments, and administrative, including official reception and representation, expenses. Repeals the authority of either Chairperson to transfer excess funds to the other Endowment. Authorizes appropriations for arts education activities, if the total amount appropriated to the NEA exceeds a certain level in any fiscal year. Directs the Comptroller General to study and report to specified congressional officials on: (1) Federal, State, and local funding of the arts; and (2) NEA program staffing policies and practices, use of consultants, and use of independent contractors as administrative staff. Title II: Amendments to the Museum Services Act - Amends the Museum Services Act (MSA) to revise membership and meeting requirements of the National Museum Service Board and certain provisions concerning the Director of the Institute of Museum Services. Revises provisions relating to the activities of the Institute of Museum Services. Provides that grants to museum may assist them in conservation of museum collections generally (currently "artifacts and art objects"). Expands eligibility for museum (and also conservation services) funding to include private, nonprofit professional museum or conservation-related organizations, research institutions, universities, or museums (currently only "professional museum organizations"). Removes a one-year limitation on funding of each such project. Authorizes appropriations FY 1991 through 1993 for: (1) grants to museums to increase and improve museum services; and (2) the Institute of Museum Services. Requires the Director of the Institute of Museum Services to undertake an assessment of the needs of small, emerging, minority, and rural museums. Authorizes appropriations for each of two fiscal years, but not in any fiscal year in which appropriations for museum services grants are less than a specified amount. Title III: Amendments to the Arts and Artifacts Indemnity Act - Amends the Arts and Artifacts Indemnity Act to increase the maximum limits, for indemnity agreements under such Act, on: (1) aggregate loss or damage covered by all such agreements at any one time; (2) loss or damage covered for a single exhibition; and (3) the deductible for a single exhibition, according to the amount covered. Title IV: Miscellaneous - Expresses the sense of the Congress that any recipient of any form of Federal assistance under the Acts amended by this Act should purchase American-made equipment and supplies in expending such assistance. Requires the entity providing such assistance to provide to each recipient a notice describing such sense of the Congress. | 2025-07-21T19:44:15Z |