Arts, Humanities, and Museums Amendments of 1985

(Measure passed House, amended, roll call #355 (349-57))

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, art 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 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, within 30 days after the date of enactment of this Act, 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.

Provides that, for purposes of the Arts and Artifacts Indemnity Act, the Secretary of the Smithsonian Institution, the Director of the National Gallery of Art, and those members designated to serve by the Chairman of the Senate Commission on Art and Antiquities and the Speaker of the House of Representatives shall not serve as members of the Federal Council on the Arts and the Humanities (the Federal Council).

Directs 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.

Requires the Federal Council, by October 1, 1987, to develop and submit to the President policy recommendations regarding the acquisition of works of art for use on Federal property, and the maintenance and disposal of such works. Sets forth guidelines for such recommendations.

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 to use 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 1987 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 1987 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 increase the maximum aggregate amount of loss or damage that may be covered at any one time by indemnity agreements made under such Act.

Title IV: Effective Date; Application of Amendments - Sets forth the effective date of this Act and the amendments made by this Act. Provides that certain such amendments shall not apply with respect to State plans submitted for FY 1986 funding of the arts and humanities.