Pub. L. 101-121, tit. III, sec. 304

Sec. 304. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which congressional action is not complete: Provided, That— (a) None of the funds authorized to be appropriated for the National Endowment for the Arts or the National Endowment for the Humanities may be used to promote, disseminate, or produce materials which in the judgment of the National Endowment for the Arts or the National Endowment for the Humanities may be considered obscene, including but not limited to, depictions of sadomasochism, homoeroticism, the sexual exploitation of children, or individuals engaged in sex acts and which, when taken as a whole, do not have serious literary, artistic, political, or scientific value. (b) It is the sense of the Congress: (1) That under the present procedures employed for awarding National Endowment for the Arts grants, although the National Endowment for the Arts has had an excellent record over the years, it is possible for projects to be funded without adequate review of the artistic content or value of the work. (2) That recently works have been funded which are without artistic value but which are criticized as pornographic and shocking by any standards. (3) That censorship inhibits and stultifies the full expression of art. (4) That free inquiry and expression is reaffirmed. Therefore, be it resolved: (A) That all artistic works do not have artistic or humanistic excellence and an application can include works that possess both nonexcellent and excellent portions. (B) That the Chairman of the National Endowment for the arts has the responsibility to determine whether such an application should be funded. (C) That the National Endowment for the Arts must find a better method to seek out those works that have artistic excellence and to exclude those works which are without 103 STAT. 742any redeeming literary, scholarly, cultural, or artistic value. (D) That a commission be established to review the National Endowment for the Arts grant making procedures, including those of its panel system, to determine whether there should be standards for grant making other than “substantial artistic and cultural significance, giving emphasis to American creativity and cultural diversity and the maintenance and encouragement of professional excellence” (20 U.S.C. 954(c)(1) and if so, then what other standards. The criteria to be considered by the commission shall include but not be limited to possible standards where (a) applying contemporary community standards would find that the work taken as a whole appeals to a prurient interest; (b) the work depicts or describes in a patently offensive way, sexual conduct; and (c) the work, taken as a whole, lacks serious artistic and cultural value. (c)(1) There is hereby established a temporary Independent Commission for the purpose of— (A) reviewing the National Endowment for the Arts grant making procedures, including those of its panel system; and (B) considering whether the standard for publicly funded art should be different than the standard for privately funded art. (2) The Commission shall be composed of twelve members as follows: (A) four members appointed by the President; (B) four members appointed by the President upon the recommendation of the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; (C) four members appointed by the President upon the recommendation of the President pro tempore of the Senate in consultation with the minority leader of the Senate; (D) the chairman shall be designated by vote of the Commission members; and (E) a quorum for the purposes of conducting meetings shall be seven. (3) Members of the Commission shall serve without pay. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under 5 U.S.C. 5703. (4) The Commission may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (5)The Commission shall issue a report to the Speaker of the House of Representatives and the President of the Senate no later than 180 days after the date of enactment of this Act. (6) The Commission shall expire on September 30, 1990. (7) Expenses of the Commission not to exceed $250,000, including administrative support, shall be furnished by the National Endowment for the Arts.