Arts, Humanities, and Museums Amendments of 1985

(Senate agreed to House amendment with an amendment)

Arts, Humanities, and Museums Amendments of 1985 - Title I: Amendments to National Foundation on the Arts and the Humanities Act of 1965 - Amends the National Foundation on the Arts and the Humanities Act of 1965 to make various technical amendments providing for gender-free language throughout such Act.

Includes among the purposes of such Act that Americans should receive in school a background and preparation in the arts and humanities to enable them to recognize and appreciate the aesthetic dimensions of their lives, the diversity of excellence comprising their cultural heritage, and artistic and scholarly expression.

Revises the definition of "humanities" to include: (1) interpretation, as well as study, of various disciplines; and (2) particular attention to reflecting the Nation's diverse heritage, traditions, and history.

Specifies that only challenge grant program funds may be used for construction projects under such Act, and that such construction projects may be for the humanities, as well as for the arts.

Makes technical and conforming amendments.

Authorizes the Chairperson of the National Endowment for the Arts (NEA) to establish: (1) projects and productions which have substantial artistic and cultural significance and that reach, or reflect the culture of, a minority, inner city, rural, or tribal community; and (2) projects and productions that will encourage public knowledge, understanding, and appreciation of the arts. Directs the NEA Chairperson, in selecting individuals and groups of exceptional talent as recipients of specified financial assistance, to give particular regard to artists and artistic groups that have traditionally been underrepresented.

Revises provisions relating to State applications and plans for NEA assistance. Requires that State reports include descriptions of the progress made toward achieving the goals of the State plan. Requires, prior to the submission of such applications, State agencies to hold, after reasonable notice, public meetings to allow groups of artists, interested organizations, and the public to present views and make recommendations regarding the State plan. Requires State agencies to summarize such recommendations and their response. Requires such applications to include descriptions of: (1) the level of participation during the previous two years by artists, artists' organizations, and arts organizations in projects and productions receiving such assistance; (2) the extent to which such projects and productions are available to all people and communities in the State; and (3) existing or developing projects and productions to secure wider participation and greater availability. Prohibits plan approval unless all such application requirements are met.

Revises provisions for cooperative programs under the challenge grants program to include support for State arts agencies' cooperative efforts with local arts agencies (as well as with local arts groups). Includes among such cooperative efforts (in addition to support of professional artists in community-based residencies) support of: (1) rural arts development; (2) regional, statewide, or local organizations to provide technical assistance to cultural organizations and institutions; (3) visual and performing arts touring; and (4) professional staffing of arts organizations and for stabilizing and broadening the financial base for arts organizations (as well as models for the activities described in (2), (3), and (4)).

Directs the NEA Chairperson, in consultation with State and local agencies and other relevant organizations and Federal agencies, to develop a national information and data collection system on the arts, arts groups, and their audiences (including data on certain trends, audience participation, arts education, and availability to rural communities and various other audience segments). Requires the NEA Chairperson, within one year after the enactment of this Act, to submit to specified congressional committees a plan for such system. Requires such system, along with a summary of data submitted with State plans, to be used to prepare a periodic report on the state of the arts. Requires such report to include a description of the availability of NEA programs to emerging, rural, and culturally diverse artists, arts organizations, and communities, and of their participation in such programs. Requires such report to be submitted to the President and the Congress, and provided to the States, by October 1, 1988, and biennially thereafter.

Directs the President, in making appointments to the National Council on the Arts, to: (1) select individuals who have established records of distinguished service, or achieved eminence, in the arts (in addition to the current requirement that such appointees be private citizens who are widely recognized for their broad knowledge of, or expertise or profound interest in, the arts); and (2) give due regard to equitable representation of women, minorities, and person with disabilities who are involved in the arts.

Increases the maximum monetary amount of grants which the NEA Chairperson may make without the prior recommendation of the National Council on the Arts.

Authorizes the Chairperson of the National Endowment for the Humanities (NEH) to: (1) initiate and support programs and research which have substantial scholarly and cultural significance and reach or reflect the diversity and richness of the American cultural heritage, including minority, inner city, rural, or tribal community cultures; and (2) foster international programs and exchanges. Directs the NEH Chairperson, in selecting individuals and groups of exceptional talent as recipients of specified financial assistance, to give particular regard to scholars, and educational and cultural institutions, that have traditionally been underrepresented.

Revises provisions relating to administration of humanities grants in cases where a State Governor does not submit an application with a State plan for such administration. Raises from four to six the number of members of the grant recipient's governing body (i.e., a State humanities council) who must be appointed by an appropriate State officer or agency in such cases. Raises from 20 to 25 percent the maximum percentage of the total membership which the number of such members may equal.

Revises provisions relating to State and other grant recipient applications and plans for NEH assistance. Requires that State and other grant recipient reports include descriptions of the progress made toward achieving the goals of the State plan. Requires, prior to the submission of such applications, State agencies to hold, after reasonable notice, public meetings to allow scholars, interested organizations, and the public to present views and make recommendations regarding the State plan. Requires State agencies to summarize such recommendations and their response. Requires such applications to include descriptions of: (1) the level of participation during the previous two years by scholars and scholarly organizations receiving such assistance; (2) the extent to which such programs are available to all people and communities in the State; and (3) existing or developing projects to secure wider participation and greater availability. Prohibits plan approval unless all such application requirements are met.

Directs the Secretary of Labor, within 180 days after enactment of this Act, to prescribe fair labor standards, regulations, and procedures (based on the prevailing minimum compensation for similar employment and State sanitary and safety laws) concerning all professional performers and related or supporting professional personnel employed on projects or productions receiving NEH financial assistance.

Includes Davis-Bacon Act requirements for prevailing wage rates for laborers and mechanics among the conditions for NEH grants for construction projects (the authority for such construction projects is provided earlier in this Act).

Directs the NEH Chairperson, in consultation with State and local agencies and other relevant organizations and Federal agencies, to develop a national information and data collection system on the humanities, scholars, educational and cultural groups, and their audiences, including data on certain trends in humanities fields, audience participation, and humanities education. Requires the NEH Chairperson, within one year after the enactment of this Act, to submit to specified congressional committees a plan for such system. Requires such system, along with a summary of data submitted with State and other grant recipient plans, to be used to prepare a periodic report on the state of the humanities. Requires such report to include a description of the availability of NEH programs to emerging and culturally diverse scholars, cultural and educational organizations, and communities, and of their participation in such programs. Requires such report to be submitted to the President and the Congress, and provided to the States, by October 1, 1988, and biennially thereafter.

Directs the NEH Chairperson, by January 31, 1986, to transmit to the Equal Employment Opportunity Commission each plan and each report required under any regulation or management directive that is issued by such Commission and is in effect on such date of enactment.

Directs the President, in making appointments to the National Council on the Humanities to: (1) select private citizens who are recognized for their broad knowledge of, expertise in, or commitment to the humanities (in addition to the current requirement that such appointees have established records of distinguished service and scholarship or creativity); and (2) give due regard to equitable representation of women, minorities, and persons with disabilities who are involved in the humanities.

Directs the Federal Council on the Arts and the Humanities (the Federal Council) to study: (1) the nature and level of Federal support for museums; (2) areas where such support overlaps or is inadequate, particularly in the case of emerging museums; (3) the impact of the Institute of Museum Services in carrying out its stated purpose; and (4) the impact and nature of conservation and preservation programs being carried out under this Act and other Federal laws and the areas where such programs overlap or are inadequate.

Directs the Chairpersons of NEA and NEH, in selecting expert panels to review and make recommendations with respect to the approval of applications for financial assistance, to appoint persons who: (1) have exhibited expertise and leadership in the field under review; (2) broadly represent diverse characteristics in terms of aesthetic or humanistic perspective and geographical factors; and (3) broadly represent cultural diversity. Requires each Chairperson to assure that the membership of panels changes substantially from year to year, and that no more than 20 percent of the annual appointments shall be for service beyond the limit of three consecutive years on a subpanel. Directs each such Chairperson to give due regard to the need for experienced as well as new members on each panel. Requires expert panels to recommend for NEA funding only those applications and projects that, in the context in which they are presented and in the experts' view, foster excellence, reflect exceptional talent, and have significant literary, scholarly, cultural, or artistic merit. Prohibits any individual from serving on any NEA grants review panel or subpanel that is reviewing that individual's own application for funding.

Directs the NEA and NEH Chairpersons to each conduct a post-award evaluation of projects, productions, and programs funded by their respective Endowments. Provides that such evaluation may include an audit to determine the accuracy of the following required reports. Requires the recipient to submit to the Chairperson of the Endowment involved: (1) a financial report; (2) a report describing the project, production, or program; and (3) if practicable (as determined by the Chairperson), a copy of such project, production, or program. Requires recipient compliance with these reporting requirements within 90 days after the end of the period for which funding is provided. Authorizes the Chairperson to extend such 90-day period only if the recipient shows good cause for such extension. Authorizes each Chairperson, upon determination that a recipient substantially fails to satisfy the purposes for which such funding is provided and specified criteria, to: (1) take into consideration the results of the post-award evaluation, for purposes of determining whether to provide any subsequent funding; (2) prohibit the recipient's use of the Endowment's name, or in any way associate such project, production, or program with the Endowment; and (3) require that any publication of the project, production, or program contain a statement that NEA or NEH views are not reflected in such publication.

Directs the NEA and NEH Chairpersons, with the cooperation of the Secretary of Education, to jointly conduct a study of: (1) the current state of arts and humanities teaching in the public elementary and secondary schools; and (2) the current and future availability of qualified instructional personnel, and other factors, affecting the quality of education in the arts and humanities in such schools. Requires the NEA and NEH to: (1) consult with specified congressional committees in the design and implementation of such study; and (2) within two years after the enactment of this Act, report to the President, the Congress, and the States on the findings of such study, along with views, recommendations, and evaluations relating to such arts and humanities education.

Requires the NEA and NEH to each submit by October 1, 1987, a report detailing the procedures (including those to avoid possible conflict of interest): (1) used in selecting experts for appointment to panels; and (2) applied by panels in recommending approval of applications for financial assistance.

Extends through FY 1990 the authorization of appropriations for NEA and NEH: (1) program grants; (2) funds to match non-Federal contributions under the Treasury and Challenge programs; and (3) administration. Revises the formula for determining the amount of Treasury funds to be available for NEH matching grants to include subgrantees as well as grantees.

Title II: Amendments to Museum Services Act - Amends the Museum Services Act to revise provisions for appointees to the National Museum Services Board. Requires that such Board members be U.S. citizens and members of the general public who are: (1) broadly representative of the various museums, including those relating to science, history, technology, art, zoos, and botanical gardens, and of the curatorial, educational, and cultural resources of the United States; and (2) recognized for their broad knowledge expertise, or experience in museums or commitment to museums. Requires that members be appointed to reflect various U.S. geographical regions. Prohibits the Board from including, at any time, more than three members from a single State. Directs the President, in making such appointments, to give due regard to equitable representation of women, minorities, and persons with disabilities who are involved in such museums.

Makes various technical amendments providing for gender-free language throughout such Act.

Extends through FY 1990 the authorization of appropriations: (1) for grants by the Director of the Institute of Museum Services to museums to increase and improve services; and (2) to enable the Institute to carry out its functions.

Title III: Amendments to the Arts and Artifacts Indemnity Act - Amends the Art and Artifacts Indemnity Act to provide that, for purposes of such Act, the Secretary of the Smithsonian Institution, the Director of the National Gallery of Art, the member designated by the Chairman of the Senate Commission on Art and Antiquities, and the member designated by the Speaker of the House shall not serve as members of the Federal Council on the Arts and the Humanities.

Modifies certain requirements under such Act to make U.S.-owned works of art on exhibition outside the United States eligible for indemnity coverage even when there is no return exhibition (but specifies that it is preferable that such works be part of an exchange of exhibitions).

Increases the aggregate of loss or damage covered at any one time by indemnity agreements made under such Act. Increases the maximum level of indemnification for each exhibition.

Title IV: Alternative Federal Funding of the Arts and Humanities - Directs the Comptroller General to conduct a study of alternative Federal funding of the arts and humanities. Requires such study to determine the feasibility of supplementing expenditures from the general fund of the Treasury for the NEA, NEH, and Institute of Museum Services through other Federal funding mechanisms. Requires such study to consider revolving funds comprised of payments made to the Federal Government: (1) through an extension of the existing Federal copyright period for artistic, dramatic, literary, and musical works; or (2) for the right to use or publicly perform such works in the public domain. Directs the Comptroller General to: (1) consult with specified Federal and congressional officials concerning the scope, direction, and focus of such study; (2) consider the impact which the implementation of each supplemental funding mechanism would have on specified areas of concern; and (3) submit a report of such study, with recommendations, to the Congress within one year after the enactment of this Act.

Title V: Constitutional Bicentennial Education Program - Provides for a program in the humanities to commemorate the bicentennial of the Constitution and the Bill of Rights. Directs the Commission on the Bicentennial of the United States Constitution to carry out such program. Authorizes the Commission to make grants to local educational agencies, private elementary and secondary schools, private organizations, individuals, and State and local public agencies to develop instructional materials and programs on the Constitution and Bill of Rights designed for use by elementary or secondary school students. Directs the Commission to implement an annual national bicentennial Constitution and Bill of Rights competition based on the programs developed and used by elementary and secondary schools. Grants the Chairman of the Commission, in carrying out such program, the same authority as is established under specified administrative provisions of the National Foundation on the Arts and the Humanities Act of 1965. Authorizes appropriations for FY 1987 through 1991 to carry out such program. Permits such funds to be used for necessary administrative expenses, including staff.

Title VI: Poet Laureate Consultant in Poetry - Recognizes that the position of Consultant in Poetry to the Library of Congress (CPLC) is equivalent to that of Poet Laureate of the United States. Establishes in the Library of Congress the position of Poet Laureate Consultant in Poetry (PLCP). Directs the Librarian of Congress to appoint a PLCP pursuant to the same procedures as established on the date of enactment of this Act for the CPLC. Encourages Federal agencies to make use of the services of the PLCP for ceremonial and other occasions of celebration, under procedures designed to assure that rendering such services does not impair the continuation of that individual's work. Directs the Chairman of the NEA, with the advice of the National Council on the Arts, to annually sponsor a program at which the PLCP will present a major work or the work of other distinguished poets. Authorizes appropriations to the NEA for FY 1987 through 1990 for purposes of such PLCP provisions.