Thereupon, Mr. SERRANO, Chairman, announced that 426 Members had been recorded, a quorum.

The Committee resumed its business. 1116.9 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment submitted by Mr. CRANE:

Beginning on page 2, strike line 2 and all that follows through line 22 on page 5, and inserting the following:

This Act may be cited as the "Humanities and Museums Amendments of 1993".

SEC. 2. AMENDMENTS RELATING TO THE NATIONAL ENDOWMENT FOR THE HUMANITIES.

(a) FUNDS AUTHORIZED FOR PROGRAM GRANTS.-Section 11(a)(1)(B) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(a)(1)(B)) is amended in

the first sentence by striking "$119,900,000" and all that follows through "1993", and inserting "$130,573,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995".

(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)(B)—

(A) by striking "1993" the first place it appears and inserting "1995", and

(B) by striking "$12,000,000" and all that follows through "1993", and inserting "$11,963,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", and (2) in paragraph (3)(B)—

(A) by striking "1993" the first place it appears and inserting "1995", and

(B) by striking "$15,150,000" and all that follows through "1993", and inserting "$14,228,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995".

(c) FUNDS AUTHORIZED FOR ADMINISTRATION OF PROGRAMS OF THE NATIONAL ENDOWMENT.-Section 11(c)(2) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)(2)) is amended by striking "$17,950,000" and all that follows through "1993", and inserting "$20,727,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995".

(d) LIMITATIONS ON TOTAL APPROPRIATIONS AUTHORIZED.-Section 11(d)(2) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(d)(2)) is amended by striking "exceed" and all that follows through the period at the end, and

inserting "exceed $177,491,000 for fiscal year 1994.".

SEC. 3. TERMINATION OF THE NATIONAL ENDOW. MENT FOR THE ARTS.

(a) REPEALER.-Sections 5, 5A, and 6 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 954, 954a, 955) are repealed.

SEC. 4. CONFORMING AMENDMENTS.

(a) DECLARATION OF PURPOSE.-Section 2 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 951) is amended

(1) in paragraphs (1) and (6) by striking "arts and the",

(2) in paragraphs (2) and (4) by striking "and the arts",

(3) in paragraphs (5) and (9) by striking "the arts and”,

(4) in paragraph (7) by striking "the practice of art and",

(5) by striking paragraph (11), and (6) in paragraph (12) by striking "the Arts and".

(b) DEFINITIONS.-Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 952) is amended

(1) by striking subsections (b), (c), and (f), and

(2) in subsection (d)—

(A) by striking "to foster American artistic creativity, to commission works of art,", (B) in paragraph (1)—

(i) by striking "the National Council on the Arts or", and

(ii) by striking ", as the case may be,", (C) in paragraph (2)—

(i) by striking "sections 5(1) and" and inserting "section",

(ii) in subparagraph (A) by striking "artistic or", and

(iii) in subparagraph (B)

(I) by striking "the National Council on the Arts and", and

(II) by striking ", as the case may be,", and (D) by striking "(d)" and inserting "(b)", and

(3) by redesignating subsections (e) and (g) as subsections (c) and (d), respectively.

(c) ESTABLISHMENT OF NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES.-Section 4(a) of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 953(a)) is amended

(1) in subsection (a)

(A) by striking "the Arts and" each place it appears, and

(B) by striking "a National Endowment for the Arts,",

(2) in subsection (b) by striking "and the arts", and

(3) in the heading of such section by striking "THE ARTS AND".

(d) FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES.-Section 9 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 958) is amended

(1) in subsection (a) by striking "the Arts and",

(2) in subsection (b) by striking "the Chairperson of the National Endowment for the Arts,",

(3) in subsection (c)—

(A) in paragraph (1) by striking "the Chairperson of the National Endowment for the Arts and",

(B) in paragraph (3)—

(i) by striking "the National Endowment for the Arts", and

(ii) by striking "Humanities," and inserting "Humanities", and

(C) in paragraphs (6) and (7) by striking "the arts and".

(e) ADMINISTRATIVE FUNCTIONS.-Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 959) is amended

(1) in subsection (a)

(A) in the matter preceding paragraph (1)— (1) by striking "in them",

(ii) by striking "the Chairperson of the National Endowment for the Arts and", and

(iii) by striking ", in carrying out their respective functions,",

(B) by striking "of an Endowment" each place it appears,

(C) in paragraph (2)—

(1) by striking "of that Endowment" the first place it appears and inserting "the National Endowment for the Humanities",

(ii) by striking "sections 6(f) and" and inserting "section", and

(iii) by striking "sections 5(c) and" and inserting "section", and

(D) in paragraph (3) by striking "Chairperson's functions, define their duties, and supervise their activities" and inserting "functions, define the activities, and supervise the activities of the Chairperson", (2) in subsection (b)

(A) by striking paragraphs (1), (2), and (3), and

(B) in paragraph (4)—

(i) by striking "one of its Endowments and received by the Chairperson of an Endowment" and inserting "the National Endowment for the Humanities and received by the Chairperson of that Endowment", and

(ii) by striking "(4)",

(3) by striking subsection (c),

(4) in subsection (d)

(A) by striking "Chairperson of the National Endowment for the Arts and the", and (B) by striking "each" the first place it appears,

(5) in subsection (e)—

(A) by striking "National Council on the Arts and the", and

(B) by striking ", respectively,", and (6) in subsection (f)—

(A) in paragraph (1)—

(i) by striking "Chairperson of the National Endowment for the Arts and the", and (ii) by striking "sections 5(c) and" and inserting "section",

(B) in paragraph (2)(A)—

(i) by striking "either of the Endowments" and inserting "National Endowment for the Humanities", and

(ii) by striking "involved", and (C) in paragraph (3)—

(i) by striking "that provided such financial assistance" each place it appears, and

(ii) in subparagraph (C) by striking "the National Endowment for the Arts or". SEC. 5. AMENDMENT TO SHORT TITLE OF THE STATUTE.

Section 1 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951 note) is amended by striking "the Arts and".

SEC. 6. TRANSITION PROVISIONS.

(a) TRANSFER OF PROPERTY.-On the effective date of the amendments made by this Act, all property donated, bequeathed, or devised to the National Endowment for the Arts and held by such Endowment on such date is hereby transferred to the National Endowment for the Humanities.

(b) TERMINATION OF OPERATIONS.-The Director of the Office of Management and Budget shall provide for the termination of the affairs of the National Endowment for the Arts and the National Council on the Arts. Except as provided in subsection (a), the Director shall provide for the transfer or other disposition of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with implementing the authorities terminated by the amendments made by this Act.

Page 5, line 23, strike "SEC. 3." and insert "SEC. 7.".

Duncan Emerson Everett Ewing Fields (TX)

Abercrombie Ackerman Andrews (ME)

Andrews (NJ)

Andrews (TX)

Brewster Brooks Browder Brown (CA) Brown (FL) Brown (OH)

NOES-326

Edwards (CA) Edwards (TX) Engel

Fields (LA) Filner Fingerhut Fish

Frost Furse

Inslee

Jacobs

Jefferson

Johnson (CT)

Johnson (GA)

Johnson (SD) Johnson, E. B. Johnston

Kanjorski

Kaptur

Kasich

Kennedy

Kennelly

Kildee

1116.11 RECORDED VOTE

A recorded vote by electronic device was ordered in the Committee of the Whole on the following amendment submitted by Mr. DORNAN:

Page 2, line 14, strike "$119,985,000" and insert "$104,593,000".

Page 3, line 5, strike "$130,573,000" and insert "$107,491,000".

Page 5, line 17, strike "$174,593,000" and insert "$104,593,000".

Page 5, line 21, strike "$177,491,000" and insert "$107,491,000".

Page 6, line 3, strike "$28,777,000" and insert "$17,267,000".

It was decided in the negative....

Flake

Foglietta

Ford (MI)

Cantwell Cardin Carr Castle Chapman Clayton Clement Clinger Clyburn

Kolbe

Kopetski

¶116.12

Coleman Collins (IL) Collins (MI) Cooper Coppersmith Costello Coyne Cramer

Burton

Lipinski

Barrett (NE) Bartlett

Glickman
Gonzalez

Goodling
Gordon
Goss

Grandy
Gunderson

Long

Cramer

Crane

Pomeroy

Ramstad

Rangel

Reed Regula

Williams Wilson Wise

Woolsey

Washington

So the amendment was not agreed to. After some further time, The SPEAKER pro tempore, Mr. MCNULTY, assumed the Chair.

When Mr. SERRANO, Chairman, pursuant to House Resolution 264, reported the bill back to the House with an amendment adopted by the Committee. The previous question having been ordered by said resolution.

The following amendment, reported from the Committee of the Whole House on the state of the Union, was agreed to:

SECTION 1. SHORT TITLE.

This Act may be cited as the "Arts, Humanities, and Museums Amendments of 1993".

SEC. 2. AMENDMENTS TO THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT OF 1965.

(a) Modification of Limitation on Use of Federal Funds.- Section 5(g) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g) is amended (1) in paragraph (4) (C) —

(A) by inserting '(i)' after '(C)', and
(B) by adding at the end the following:

(ii) Notwithstanding any other provision of this subsection, the amount allotted to a State for the current fiscal year under this subsection may not be greater than the amount so allotted to such State for the preceding fiscal year if –

(I) the amount of State funds to be expended for such current fiscal year to carry out this subsection is less than the average annual amount expended by such State during the most recent preceding period of 3 fiscal years to carry out this subsection; and '(II) the rate of the reduction in the amount of State funds exceeds the rate of reduction in the aggregate of all general fund expenditures to be made by the State in such current fiscal year.'. and

(2) in paragraph (5) —

(A) by striking '(5) All' and inserting '(5) (A) Except as provided in subparagraph (B), all', and

(B) by adding at the end the following:

(b) Funds Authorized for Program Grants Section 11(a) (1) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960 (a) (1)) is amended(1) in subparagraph (A) —

(i) in clause (i) by striking '$125,800,000' and all that follows through '1993, and inserting '$119,985,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995',

(ii) by amending clause (ii) to read as follows:

'(ii) Not less than 27.5 percent of the amount appropriated under clause (i) for each of the fiscal years 1994 and 1995 shall be for carrying out section 5(g).',

(iii) in the first sentence of clause (iii) by striking 'For' and all that follows through 'year;' the last place it appears, and inserting 'Not less than 7.5 percent of the amount appropriated under clause (1) for each of the fiscal years 1994 and 1995', and

(2) in the first sentence of subparagraph (B) by striking '$119,900,000' and all that follows through '1993', and inserting '$130,573,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995'.

(c) 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 "1993" the first place it appears and inserting "1995", and

(ii) by striking "$13,000,000" and all that follows through "1993", and inserting "$16,955,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", (B) in subparagraph (B)—

(i) by striking "1993" the first place it appears and inserting "1995", and

(ii) by striking "$12,000,000" and all that follows through "1993", and inserting "$11,963,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", (2) in paragraph (3)—

(A) in subparagraph (A)

(i) by striking "1993" the first place it appears and inserting "1995", and

(ii) by striking "$15,000,000" and all that follows through "1993", and inserting "$13,187,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", and (B) in subparagraph (B)—

(1) by striking "1993" the first place it appears and inserting "1995", and (ii) by striking "$15,150,000" and all that follows "1993", through and inserting "$14,228,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", and (3) in the last sentence of paragraph (4) by striking "section 5(1)(2)" and inserting "section 5(p)(2)".

(d) 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 "$21,200,000 and all that follows through "1993", and inserting "$24,466,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", and in (2) paragraph (2) by striking "$17,950,000" and all that follows through "1993", and inserting "$20,727,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995".

(e) LIMITATION ON TOTAL APPROPRIATIONS AUTHORIZED.-Section 11(d) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 960(d)) is amended

(1) in paragraph (1) by striking "exceed" and all that follows through the period at

the end, and inserting "exceed $174,593,000 for fiscal year 1994.", and

(2) in paragraph (2) by striking "exceed" and all that follows through the period at the end, and inserting "exceed $177,491,000 for fiscal year 1994.".

(f) INVESTIGATION AND REPORT.-Not later than September 30, 1995, the Chairperson of the National Endowment for the Arts shall

(1) conduct an investigation of State compliance with section 5(g) (4) (C) (i) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954(g) (4) (C) (i)), and

(2) submit to the Speaker of the House of Representatives and the President pro tempore, a report containing —

(A) the results of such investigation, and (B) any information and recommendations as the Chairperson considers to be appropriate.

SEC. 3. AMENDMENTS TO THE MUSEUM SERV. ICES ACT.

Section 209 of the Museum Services Act (20 U.S.C. 967) is amended

(1) in subsection (a) by striking "$24,000,000" and all that follows through "1993", and inserting "$28,777,000 for fiscal year 1994 and such sums as may be necessary for fiscal year 1995", and

(2) in subsection (d) by striking "1993" and inserting "1995".

The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title.

Mr. CUNNINGHAM moved to recommit the bill to the Committee on Education and Labor with instructions to report the bill back to the House forthwith with the following amendment:

Page 2, after line 3, insert the following (and redesignate succeeding sections accordingly):

SEC. 2. LIMITATION ON DISTRIBUTION OF FUNDS TO INDIVIDUALS WHO ARE NOT LAWFULLY IN THE UNITED STATES.

(a) DEFINITION.-Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended by adding at the end the following:

"(m) With respect to fiscal years 1994 and 1995, the term 'individual not lawfully in the United States' means an individual who is not a United States citizen, a national of the United States, a permanent resident alien, an asylee, a refugee, a parolee, or a nonimmigrant in status.".

(b) NATIONAL ENDOWMENT FOR THE ARTS. Section 5 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 954) is amended

(1) in subsection (d)

(A) in paragraph (1) by striking "and" at the end,

(B) by redesignating paragraph (2) as paragraph (3), and

(C) by inserting after paragraph (1) the following:

"(2) none of the financial assistance available under this section for fiscal year 1994 or fiscal year 1995 will be used to provide financial assistance to an individual who is not lawfully in the United States; and",

(B) by inserting after paragraph (2) the following:

"(3) an assurance that none of the financial assistance received under this subsection for fiscal year 1994 or fiscal year 1995 will be used to provide financial assistance to an individual who is not lawfully in the United States;".

(c) NATIONAL ENDOWMENT FOR THE HUMANITIES.-Section 7 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956) is amended

(1) in subsection (e)

(A) by inserting "(1)" after "(e)", and (B) by adding at the end the following: "(2) None of the financial assistance available under this section for fiscal year 1994 or fiscal year 1995 shall be used to provide financial assistance to an individual who is not lawfully in the United States.", (2) in subsection (f)(5)(C)

(A) by inserting "(i)" after "(C)", and (B) by adding at the end the following: "(ii) As a condition of receiving funds made available under this subsection for fiscal year 1994 or fiscal year 1995, each recipient of such funds shall provide to the Chairperson an assurance that none of such funds will be used to provide financial assistance to an individual who is not lawfully in the United States.", and

(3) in subsection (h) by adding at the end the following:

"(4) As a condition of receiving funds made available under this subsection for fiscal year 1994 or fiscal year 1995, each recipient of such funds shall provide to the Chairperson an assurance that none of such funds will be used to provide financial assistance to an individual who is not lawfully in the United States.".

Bryant

Deal

Dreier

Duncan

Barrett (NE)

Canady Castle Chapman

Dunn

(2) in subsection (g)(2)(B)— (A)(i) by inserting "(i)" after "(B)", and (ii) by inserting "and" at the end, and (B) by inserting after clause (i), as so designated by subparagraph (A), the following:

"(ii) provides an assurance that none of the financial assistance received under this subsection for fiscal year 1994 or fiscal year 1995 will be used to provide financial assistance to an individual who is not lawfully in the United States;", and

Bartlett Barton Bateman Bentley

Cox

A motion to reconsider the vote whereby said bill was passed was, by unanimous consent, laid on the table.

Ordered, That the Clerk request the concurrence of the Senate in said bill. 1116.15 PERMISSION TO FILE REPORT

On motion of Mr. NATCHER, by unanimous consent, the managers on the part of the House were granted permission until midnight tonight to file a conference report (Rept. No. 103-293) on the bill (H.R. 2519) making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1994, and for other purposes.

1116.16 PERMISSION TO FILE REPORT

On motion of Mr. NATCHER, by unanimous consent, the managers on the part of the House were granted permission until midnight tonight to file a conference report (Rept. No. 103-291) on the bill (H.R. 2492) making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1994, and for other purposes.

1116.17 PERMISSION TO FILE REPORT

On motion of Mr. NATCHER, by unanimous consent, the managers on the part of the House were granted permission until midnight tonight to file a conference report (Rept. No. 103-292) on the bill (H.R. 2445) making appropriations for energy and water development for the fiscal year ending September 30, 1994, and for other purposes. 1116.18

SUBPOENA

The SPEAKER pro tempore, Mr. MCNULTY, laid before the House a communication, which was read as fol

lows:

HOUSE OF REPRESENTATIVES, Washington, DC, October 13, 1993. DEAR MR. SPEAKER: This is to notify you pursuant to Rule L of the Rules of the House that I have been served with a subpoena issued by the County Court of the City and County of Denver, Colorado.

Mollohan

Santorum

Montgomery

Sawyer

Moran

Saxton

Wise

Morella

Schenk

Wolf

Murphy

Schiff

Woolsey

Myers

Schroeder

Wyden

119