Museum and Library Services Act of 2003 - Amends the Museum and Library Services Act (MLSA), including its subchapter B, the Library Services and Technology Act (LSTA) and its subchapter C, the newly-titled Museum Services Act (MSA), to extend authorizations of appropriations and revise programs.
Title I: General Provisions - (Sec. 101) Revises MLSA subchapter A general provisions to set forth definitions of "obscene" and "determined to be obscene."
(Sec. 102) Replaces the National Museum Services Board with a National Museum and Library Services Board, established in the Institute of Museum and Library Services (IMLS).
(Sec. 103) Requires the IMLS Director to: (1) ensure coordination with certain activities under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and other Federal activities; and (2) establish procedures for reviewing and evaluating applications to receive financial assistance under MLSA.
Prohibits use of funds under MLSA (including LSTA and MSA) for projects determined to be obscene. Sets forth procedures for treatment of such projects.
(Sec. 104) Provides for Board establishment and membership. Directs the President, with Senate advice and consent, to appoint U.S. citizens as voting members of the Board as follows: (1) ten from among individuals who are specially qualified by education, training, or experience in library services, or their commitment to libraries, with five of these being professional library or information specialists, at least one knowledgeable about electronic information and one about information needs of underserved communities; and (2) ten who are specially qualified by education, training, or experience in museum services, or their commitment to museums, with five of these being museum professionals, some affiliated with certain types of museums. Makes the following nonvoting members of the Board: the IMLS Director, the Deputy Director for the Office of Library Services, the Deputy Director for the Office of Museum Services, and the Chairman of the National Commission on Libraries and Information Science.
(Sec. 105) Revises requirements for annual national awards to outstanding libraries and museums that have made significant contributions in service to their communities.
Requires the IMLS Director to conduct and publish analyses of the impact of museum and library services.
Prohibits use of funds under MLSA (including LSTA and MSA) for construction expenses.
Title II: Library Services and Technology - (Sec. 203) Extends the authorization of appropriations for library services and technology through FY 2009. Increases the percentage of such funds which may be used for Federal administrative costs.
(Sec. 204) Increases the alternative minimum allotment to States under certain conditions.
(Sec. 206) Revises required uses of grants to States to include: (1) expanding services for learning and access to information and educational resources in a variety of formats, in all types of libraries, for individuals of all ages; (2) developing library services that provide all users access to information through local, State, regional, national, and international electronic networks; (3) developing public and private partnerships with other agencies and community-based organizations; and (4) targeting library services to individuals of diverse geographic, cultural, and socioeconomic backgrounds, to individuals with disabilities, and to individuals with limited functional literacy or information skills.
(Sec. 207) Allows national leadership grants, contracts, or cooperative agreements to be used for recruitment, as well as education and training, of library and information science personnel.
Title III: Museum Services - Museum Services Act - Renames and revises museum services provisions under MLSA subchapter C as the Museum Services Act.
(Sec. 302) Defines "museum" to include aquariums, arboretums, botanical gardens, art museums, children's museums, general museums, historic houses and sites, history museums, nature centers, natural history and anthropology museums, planetariums, science and technology centers, specialized museums, and zoological parks.
(Sec. 303) Revises the types of museum services activities which may be supported under MSA to include: (1) providing learning and access to collections, information, and educational resources in a variety of formats (including exhibitions, programs, publications, and websites) for individuals of all ages; (2) building learning partnerships with schools and developing museum resources and programs in support of State and local school curricula; (3) assessing, conserving, researching, maintaining, and exhibiting collections, and providing educational programs to the public through the use of collections; (4) greater collaboration among museums, libraries, schools, and other community organizations in order to share resources and strengthen communities; (5) use of new technologies and broadcast media to enhance access to museum collections, programs, and services; (6) services to people of diverse geographic, cultural, and socioeconomic backgrounds and to individuals with disabilities; (7) professional development and technical assistance programs; and (8) research, program evaluation, and the collection and dissemination of information to museum professionals and the public.
(Sec. 304) Repeals provisions for a National Award for Museum Service (replaced by national awards for museum service and for library service).
(Sec. 305) Extends the authorization of appropriations for museum services through FY 2009.
(Sec. 306) Provides that subchapter C of MLSA shall be called the Museum Services Act.
Title IV: National Commission on Libraries and Information Science Act - (Sec. 401) Amends the National Commission on Libraries and Information Science Act with respect to contributions and membership.
Title V: Miscellaneous Provisions - (Sec. 501) Amends the Arts and Artifacts Indemnity Act to increase maximum limits on liability amounts.
(Sec. 502) Renames the Capital Children's Museum in Washington, D.C., the National Children's Museum.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 888 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 888
To reauthorize the Museum and Library Services Act, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Mr. Gregg (for himself, Mr. Reed, Mr. Frist, Mr. Kennedy, Mr. Enzi, Mr.
Jeffords, Mr. Alexander, Mr. Edwards, Mr. DeWine, Mrs. Clinton, Ms.
Collins, Mr. Cochran, Mr. Smith, Mr. Dodd, and Mr. Schumer) introduced
the following bill; which was read twice and referred to the Committee
on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reauthorize the Museum and Library Services Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Museum and Library Services Act of
2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. General definitions.
Sec. 102. Institute of Museum and Library Services.
Sec. 103. Director of the Institute.
Sec. 104. National Museum and Library Services Board.
Sec. 105. Awards; analysis of impact of services.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Reservations and allotments.
Sec. 205. State plans.
Sec. 206. Grants to States.
Sec. 207. National leadership grants, contracts, or cooperative
agreements.
TITLE III--MUSEUM SERVICES
Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Repeals.
Sec. 305. Authorization of appropriations.
Sec. 306. Short title.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
Sec. 401. Amendment to contributions.
Sec. 402. Amendment to membership.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Amendments to Arts and Artifacts Indemnity Act.
Sec. 502. National children's museum.
Sec. 503. Conforming amendment.
Sec. 504. Technical corrections.
Sec. 505. Repeals.
Sec. 506. Effective date.
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITIONS.
Section 202 of the Museum and Library Services Act (20 U.S.C. 9101)
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Determined to be obscene.--The term `determined to be
obscene' means determined, in a final judgment of a court of
record and of competent jurisdiction in the United States, to
be obscene.'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (3) as paragraph (5);
(4) by inserting after paragraph (2) the following:
``(3) Final judgment.--The term `final judgment' means a
judgment that is--
``(A) not reviewed by any other court that has
authority to review such judgment; or
``(B) not reviewable by any other court.
``(4) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation (as defined in, or established pursuant to,
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), which is recognized by the Secretary of the Interior as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.'';
and
(5) by adding at the end the following:
``(6) Museum and library services board.--The term `Museum
and Library Services Board' means the National Museum and
Library Services Board established under section 207.
``(7) Obscene.--The term `obscene' means, with respect to a
project, that--
``(A) the average person, applying contemporary
community standards, would find that such project, when
taken as a whole, appeals to the prurient interest;
``(B) such project depicts or describes sexual
conduct in a patently offensive way; and
``(C) such project, when taken as a whole, lacks
serious literary, artistic, political, or scientific
value.''.
SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
Section 203 of the Museum and Library Services Act (20 U.S.C. 9102)
is amended--
(1) in subsection (b), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Museum and Library Services Board.--There shall be a National
Museum and Library Services Board within the Institute, as provided
under section 207.''.
SEC. 103. DIRECTOR OF THE INSTITUTE.
Section 204 of the Museum and Library Services Act (20 U.S.C. 9103)
is amended--
(1) in subsection (e), by adding at the end the following:
``Where appropriate, the Director shall ensure that activities
under subtitle B are coordinated with activities under section
1251 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6383).''; and
(2) by adding at the end the following:
``(f) Regulatory Authority.--The Director may promulgate such rules
and regulations as are necessary and appropriate to implement the
provisions of this title.
``(g) Application Procedures.--
``(1) In general.--In order to be eligible to receive
financial assistance under this title, a person or agency shall
submit an application in accordance with procedures established
by the Director by regulation.
``(2) Review and evaluation.--The Director shall establish
procedures for reviewing and evaluating applications submitted
under this title. Actions of the Institute and the Director in
the establishment, modification, and revocation of such
procedures under this Act are vested in the discretion of the
Institute and the Director. In establishing such procedures,
the Director shall ensure that the criteria by which applications are
evaluated are consistent with the purposes of this title, taking into
consideration general standards of decency and respect for the diverse
beliefs and values of the American public.
``(3) Treatment of projects determined to be obscene.--
``(A) In general.--The procedures described in
paragraph (2) shall include provisions that clearly
specify that obscenity is without serious literary,
artistic, political, or scientific merit, and is not
protected speech.
``(B) Prohibition.--No financial assistance may be
provided under this title with respect to any project
that is determined to be obscene.
``(C) Treatment of application disapproval.--The
disapproval of an application by the Director shall not
be construed to mean, and shall not be considered as
evidence that, the project for which the applicant
requested financial assistance is or is not obscene.''.
SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is
amended--
(1) by redesignating section 207 as section 208; and
(2) by inserting after section 206 the following:
``SEC. 207. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
``(a) Establishment.--There is established within the Institute a
board to be known as the `National Museum and Library Services Board'.
``(b) Membership.--
``(1) Number and appointment.--The Museum and Library
Services Board shall be composed of the following:
``(A) The Director.
``(B) The Deputy Director for the Office of Library
Services.
``(C) The Deputy Director for the Office of Museum
Services.
``(D) The Chairman of the National Commission on
Libraries and Information Science.
``(E) 10 members appointed by the President, by and
with the advice and consent of the Senate, from among
individuals who are citizens of the United States and
who are specially qualified by virtue of their
education, training, or experience in the area of
library services, or their commitment to libraries.
``(F) 10 members appointed by the President, by and
with the advice and consent of the Senate, from among
individuals who are citizens of the United States and
who are specially qualified by virtue of their
education, training, or experience in the area of
museum services, or their commitment to museums.
``(2) Special qualifications.--
``(A) Library members.--Of the members of the
Museum and Library Services Board appointed under
paragraph (1)(E)--
``(i) 5 shall be professional librarians or
information specialists, of whom--
``(I) not less than 1 shall be
knowledgeable about electronic
information and technical aspects of
library and information services and
sciences; and
``(II) not less than 1 other shall
be knowledgeable about the library and
information service needs of
underserved communities; and
``(ii) the remainder shall have special
competence in, or knowledge of, the needs for
library and information services in the United
States.
``(B) Museum members.--Of the members of the Museum
and Library Services Board appointed under paragraph
(1)(F)--
``(i) 5 shall be museum professionals who
are or have been affiliated with--
``(I) resources that, collectively,
are broadly representative of the
curatorial, conservation, educational,
and cultural resources of the United
States; or
``(II) museums that, collectively,
are broadly representative of various
types of museums, including museums
relating to science, history,
technology, art, zoos, botanical
gardens, and museums designed for
children; and
``(ii) the remainder shall be individuals
recognized for their broad knowledge,
expertise, or experience in museums or
commitment to museums.
``(3) Geographic and other representation.--Members of the
Museum and Library Services Board shall be appointed to reflect
persons from various geographic regions of the United States.
The Museum and Library Services Board may not include, at any
time, more than 3 appointive members from a single State. In
making such appointments, the President shall give due regard
to equitable representation of women, minorities, and persons
with disabilities who are involved with museums and libraries.
``(4) Voting.--The Director, the Deputy Director of the
Office of Library Services, the Deputy Director of the Office
of Museum Services, and the Chairman of the National Commission
on Library and Information Science shall be nonvoting members
of the Museum and Library Services Board.
``(c) Terms.--
``(1) In general.--Except as otherwise provided in this
subsection, each member of the Museum and Library Services
Board appointed under subparagraph (E) or (F) of subsection
(b)(1) shall serve for a term of 5 years.
``(2) Initial board appointments.--
``(A) Treatment of members serving on effective
date.--Notwithstanding subsection (b), each individual
who is a member of the National Museum Services Board
on the date of enactment of the Museum and Library
Services Act of 2003, may, at the individual's
election, complete the balance of the individual's term
as a member of the Museum and Library Services Board.
``(B) First appointments.--Notwithstanding
subsection (b), any appointive vacancy in the initial
membership of the Museum and Library Services Board
existing after the application of subparagraph (A), and
any vacancy in such membership subsequently created by
reason of the expiration of the term of an individual
described in subparagraph (A), shall be filled by the
appointment of a member described in subsection
(b)(1)(E). When the Museum and Library Services Board
consists of an equal number of individuals who are
specially qualified in the area of library services and
individuals who are specially qualified in the area of
museum services, this subparagraph shall cease to be
effective and the board shall be appointed in accordance with
subsection (b).
``(C) Authority to adjust terms.--The terms of the
first members appointed to the Museum and Library
Service Board shall be adjusted by the President as
necessary to ensure that the terms of not more than 4
members expire in the same year. Such adjustments shall
be carried out through designation of the adjusted term
at the time of appointment.
``(3) Vacancies.--Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor of the member was appointed.
``(4) Reappointment.--No appointive member of the Museum
and Library Services Board who has been a member for more than
7 consecutive years shall be eligible for reappointment.
``(5) Service until successor takes office.--
Notwithstanding any other provision of this subsection, an
appointive member of the Museum and Library Services Board
shall serve after the expiration of the term of the member
until the successor to the member takes office.
``(d) Duties and Powers.--
``(1) In general.--The Museum and Library Services Board
shall advise the Director on general policies with respect to
the duties, powers, and authority of the Institute relating to
museum and library services, including financial assistance
awarded under this title.
``(2) National awards.--The Museum and Library Services
Board shall advise the Director in making awards under section
209.
``(e) Chairperson.--The Director shall serve as Chairperson of the
Museum and Library Services Board.
``(f) Meetings.--
``(1) In general.--The Museum and Library Services Board
shall meet not less than 2 times each year and at the call of
the Director.
``(2) Vote.--All decisions by the Museum and Library
Services Board with respect to the exercise of its duties and
powers shall be made by a majority vote of the members of the
Board who are present and authorized to vote.
``(g) Quorum.--A majority of the voting members of the Museum and
Library Services Board shall constitute a quorum for the conduct of
business at official meetings, but a lesser number of members may hold
hearings.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum and Library
Services Board who is not an officer or employee of the Federal
Government may be compensated at a rate to be fixed by the
President, but not to exceed the daily equivalent of the
maximum annual rate of pay authorized for a position above
grade GS-15 of the General Schedule under section 5108 of title
5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the
duties of the Museum and Library Services Board. Members of the
Museum and Libraries Services Board who are full-time officers
or employees of the Federal Government may not receive
additional pay, allowances, or benefits by reason of their
service on the Museum and Library Services Board.
``(2) Travel expenses.--Each member of the Museum and
Library Services Board shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.
``(i) Coordination.--The Director, with the advice of the Museum
and Library Services Board, shall take steps to ensure that the
policies and activities of the Institute are coordinated with other
activities of the Federal Government.''.
SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.
The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is
amended by inserting after section 208 (as redesignated by section 104
of this Act) the following:
``SEC. 209. AWARDS.
``The Director, with the advice of the Museum and Library Services
Board, may annually award National Awards for Library Service and
National Awards for Museum Service to outstanding libraries and
outstanding museums, respectively, that have made significant
contributions in service to their communities.
``SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND LIBRARY SERVICES.
``From amounts described in sections 214(c) and 275(b), the
Director shall carry out and publish analyses of the impact of museum
and library services. Such analyses--
``(1) shall be conducted in ongoing consultation with--
``(A) State library administrative agencies;
``(B) State, regional, and national library and
museum organizations; and
``(C) other relevant agencies and organizations;
``(2) shall identify national needs for, and trends of,
museum and library services provided with funds made available
under subtitles B and C;
``(3) shall report on the impact and effectiveness of
programs conducted with funds made available by the Institute
in addressing such needs; and
``(4) shall identify, and disseminate information on, the
best practices of such programs to the agencies and entities
described in paragraph (1).
``SEC. 210A. PROHIBITION ON USE OF FUNDS FOR CONSTRUCTION.
``No funds appropriated to carry out the Museum and Library
Services Act, the Library Services and Technology Act, or the Museum
Services Act may be used for construction expenses.''.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
SEC. 201. PURPOSE.
Section 212 of the Library Services and Technology Act (20 U.S.C.
9121) is amended by striking paragraphs (2) through (5) and inserting
the following:
``(2) to promote improvement in library services in all
types of libraries in order to better serve the people of the
United States;
``(3) to facilitate access to resources in all types of
libraries for the purpose of cultivating an educated and
informed citizenry; and
``(4) to encourage resource sharing among all types of
libraries for the purpose of achieving economical and efficient
delivery of library services to the public.''.
SEC. 202. DEFINITIONS.
Section 213 of the Library Services and Technology Act (20 U.S.C.
9122) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (1), (2), (3), (4), and (5), respectively.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 214 of the Library Services and Technology Act (20 U.S.C.
9123) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle $250,000,000 for fiscal year 2004 and such sums as
may be necessary for fiscal years 2005 through 2009.''; and
(2) in subsection (c), by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 204. RESERVATIONS AND ALLOTMENTS.
Section 221(b)(3) of the Library Services and Technology Act (20
U.S.C. 9131(b)(3)) is amended to read as follows:
``(3) Minimum allotments.--
``(A) In general.--For purposes of this subsection,
the minimum allotment for each State shall be $340,000,
except that the minimum allotment shall be $40,000 in
the case of the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau.
``(B) Ratable reductions.--Notwithstanding
subparagraph (A), if the sum appropriated under the
authority of section 214 and not reserved under
subsection (a) for any fiscal year is insufficient to
fully satisfy the requirement of subparagraph (A), each
of the minimum allotments under such subparagraph shall
be reduced ratably.
``(C) Exception.--
``(i) In general.--Notwithstanding
subparagraph (A), if the sum appropriated under
the authority of section 214 and not reserved
under subsection (a) for any fiscal year
exceeds the aggregate of the allotments for all
States under this subsection for fiscal year
2003--
``(I) the minimum allotment for
each State otherwise receiving a
minimum allotment of $340,000 under
subparagraph (A) shall be increased to
$680,000; and
``(II) the minimum allotment for
each State otherwise receiving a
minimum allotment of $40,000 under
subparagraph (A) shall be increased to
$60,000.
``(ii) Insufficient funds to award
alternative minimum.--If the sum appropriated
under the authority of section 214 and not
reserved under subsection (a) for any fiscal
year exceeds the aggregate of the allotments
for all States under this subsection for fiscal
year 2003 yet is insufficient to fully satisfy
the requirement of clause (i), such excess
amount shall first be allotted among the States
described in clause (i)(I) so as to increase
equally the minimum allotment for each such
State above $340,000. After the requirement of
clause (i)(I) is fully satisfied for any fiscal
year, any remainder of such excess amount shall
be allotted among the States described in
clause (i)(II) so as to increase equally the
minimum allotment for each such State above
$40,000.
``(D) Special rule.--
``(i) In general.--Notwithstanding any
other provision of this subsection and using
funds allotted for the Republic of the Marshall
Islands, the Federated States of Micronesia,
and the Republic of Palau under this
subsection, the Director shall award grants to
the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau to carry
out activities described in this subtitle in
accordance with the provisions of this subtitle
that the Director determines are not
inconsistent with this subparagraph.
``(ii) Award basis.--The Director shall
award grants pursuant to clause (i) on a
competitive basis and after taking into
consideration available recommendations from
the Pacific Region Educational Laboratory in
Honolulu, Hawaii.
``(iii) Administrative costs.--The Director
may provide not more than 5 percent of the
funds made available for grants under this
subparagraph to pay the administrative costs of
the Pacific Region Educational Laboratory
regarding activities assisted under this
subparagraph.''.
SEC. 205. STATE PLANS.
Section 224 of the Library Services and Technology Act (20 U.S.C.
9134) is amended--
(1) in subsection (a)(1), by striking ``not later than
April 1, 1997.'' and inserting ``once every 5 years, as
determined by the Director.''; and
(2) in subsection (f)--
(A) by striking ``this Act'' each place such term
appears and inserting ``this subtitle'';
(B) in paragraph (1)--
(i) by striking ``section 213(2)(A) or
(B)'' and inserting ``section 213(1)(A) or
(B)''; and
(ii) by striking ``1934,'' and all that
follows through ``Act, may'' and inserting
``1934 (47 U.S.C. 254(h)(6)) may''; and
(C) in paragraph (7)--
(i) in the matter preceding subparagraph
(A), by striking ``section:'' and inserting
``subsection:''; and
(ii) in subparagraph (D), by striking
``given'' and inserting ``applicable to''.
SEC. 206. GRANTS TO STATES.
Section 231 of the Library Services and Technology Act (20 U.S.C.
9141) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) expanding services for learning and access to
information and educational resources in a variety of formats,
in all types of libraries, for individuals of all ages;
``(2) developing library services that provide all users
access to information through local, State, regional, national,
and international electronic networks;
``(3) providing electronic and other linkages among and
between all types of libraries;
``(4) developing public and private partnerships with other
agencies and community-based organizations;
``(5) targeting library services to individuals of diverse
geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to individuals with limited
functional literacy or information skills; and
``(6) targeting library and information services to persons
having difficulty using a library and to underserved urban and
rural communities, including children (from birth through age
17) from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.''; and
(2) in subsection (b), by striking ``between the two
purposes described in paragraphs (1) and (2) of such
subsection,'' and inserting ``among such purposes,''.
SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR COOPERATIVE
AGREEMENTS.
Section 262(a)(1) of the Library Services and Technology Act (20
U.S.C. 9162(a)(1)) is amended by striking ``education and training''
and inserting ``education, recruitment, and training''.
TITLE III--MUSEUM SERVICES
SEC. 301. PURPOSE.
Section 271 of the Museum and Library Services Act (20 U.S.C. 9171)
is amended to read as follows:
``SEC. 271. PURPOSE.
``It is the purpose of this subtitle--
``(1) to encourage and support museums in carrying out
their public service role of connecting the whole of society to
the cultural, artistic, historical, natural, and scientific
understandings that constitute our heritage;
``(2) to encourage and support museums in carrying out
their educational role, as core providers of learning and in
conjunction with schools, families, and communities;
``(3) to encourage leadership, innovation, and applications
of the most current technologies and practices to enhance
museum services;
``(4) to assist, encourage, and support museums in carrying
out their stewardship responsibilities to achieve the highest
standards in conservation and care of the cultural, historic,
natural, and scientific heritage of the United States to
benefit future generations;
``(5) to assist, encourage, and support museums in
achieving the highest standards of management and service to
the public, and to ease the financial burden borne by museums
as a result of their increasing use by the public; and
``(6) to support resource sharing and partnerships among
museums, libraries, schools, and other community
organizations.''.
SEC. 302. DEFINITIONS.
Section 272(1) of the Museum and Library Services Act (20 U.S.C.
9172(1)) is amended by adding at the end the following: ``Such term
includes aquariums, arboretums, botanical gardens, art museums,
children's museums, general museums, historic houses and sites, history
museums, nature centers, natural history and anthropology museums,
planetariums, science and technology centers, specialized museums, and
zoological parks.''.
SEC. 303. MUSEUM SERVICES ACTIVITIES.
Section 273 of the Museum and Library Services Act (20 U.S.C. 9173)
is amended to read as follows:
``SEC. 273. MUSEUM SERVICES ACTIVITIES.
``(a) In General.--The Director, after considering available policy
advice of the Museum and Library Services Board, may enter into
arrangements, including grants, contracts, cooperative agreements, and
other forms of assistance, with museums and other entities as the
Director considers appropriate, to pay the Federal share of the cost
of--
``(1) supporting museums in providing learning and access
to collections, information, and educational resources in a
variety of formats (including exhibitions, programs,
publications, and websites) for individuals of all ages;
``(2) supporting museums in building learning partnerships
with the Nation's schools and developing museum resources and
programs in support of State and local school curricula;
``(3) supporting museums in assessing, conserving,
researching, maintaining, and exhibiting their collections, and
in providing educational programs to the public through the use
of their collections;
``(4) stimulating greater collaboration among museums,
libraries, schools, and other community organizations in order
to share resources and strengthen communities;
``(5) encouraging the use of new technologies and broadcast
media to enhance access to museum collections, programs, and
services;
``(6) supporting museums in providing services to people of
diverse geographic, cultural, and socioeconomic backgrounds and
to individuals with disabilities;
``(7) supporting museums in developing and carrying out
specialized programs for specific segments of the public, such
as programs for urban neighborhoods, rural areas, Indian
reservations, and State institutions;
``(8) supporting professional development and technical
assistance programs to enhance museum operations at all levels,
in order to ensure the highest standards in all aspects of
museum operations;
``(9) supporting museums in research, program evaluation,
and the collection and dissemination of information to museum
professionals and the public; and
``(10) encouraging, supporting, and disseminating model
programs of museum and library collaboration.
``(b) Federal Share.--
``(1) 50 percent.--Except as provided in paragraph (2), the
Federal share described in subsection (a) shall be not more
than 50 percent.
``(2) Greater than 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to enter into arrangements under
subsection (a) for which the Federal share may be greater than
50 percent.
``(3) Operational expenses.--No funds for operational
expenses may be provided under this section to any entity that
is not a museum.
``(c) Review and Evaluation.--
``(1) In general.--The Director shall establish procedures
for reviewing and evaluating arrangements described in
subsection (a) entered into under this subtitle.
``(2) Applications for technical assistance.--
``(A) In general.--The Director may use not more
than 10 percent of the funds appropriated to carry out
this subtitle for technical assistance awards.
``(B) Individual museums.--Individual museums may
receive not more than 3 technical assistance awards
under subparagraph (A), but subsequent awards for
technical assistance shall be subject to review outside
the Institute.
``(d) Services for Native Americans.--From amounts appropriated
under section 275, the Director shall reserve 1.75 percent to award
grants to, or enter into contracts or cooperative agreements with,
Indian tribes and organizations that primarily serve and represent
Native Hawaiians (as defined in section 7207 of the Native Hawaiian
Education Act (20 U.S.C. 7517)), to enable such tribes and
organizations to carry out the activities described in subsection
(a).''.
SEC. 304. REPEALS.
Sections 274 and 275 of the Museum and Library Services Act (20
U.S.C. 9174 and 9175) are repealed.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 276 of the Museum and Library Services Act (20 U.S.C. 9176)
is amended--
(1) in subsection (a), by striking ``$28,700,000 for the
fiscal year 1997, and such sums as may be necessary for each of
the fiscal years 1998 through 2002.'' and inserting
``$41,500,000 for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005 through 2009.''; and
(2) by redesignating such section as section 275 of such
Act.
SEC. 306. SHORT TITLE.
Subtitle C of the Museum and Library Services Act (20 U.S.C. 9171
et seq.) is amended--
(1) by redesignating sections 271, 272, and 273 as sections
272, 273, and 274, respectively; and
(2) by inserting after the subtitle heading the following:
``SEC. 271. SHORT TITLE.
``This subtitle may be cited as the `Museum Services Act'.''.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
SEC. 401. AMENDMENT TO CONTRIBUTIONS.
Section 4 of the National Commission on Libraries and Information
Science Act (20 U.S.C. 1503) is amended by striking ``accept, hold,
administer, and utilize gifts, bequests, and devises of property,'' and
inserting ``solicit, accept, hold, administer, invest in the name of
the United States, and utilize gifts, bequests, and devises of services
or property,''.
SEC. 402. AMENDMENT TO MEMBERSHIP.
Section 6(a) of the National Commission on Libraries and
Information Science Act (20 U.S.C. 1505(a)) is amended--
(1) in the second sentence, by striking ``and at least one
other of whom shall be knowledgeable with respect to the
library and information service and science needs of the
elderly'';
(2) by striking the fourth sentence and inserting the
following: ``A majority of members of the Commission who have
taken office and are serving on the Commission shall constitute
a quorum for conduct of business at official meetings of the
Commission''; and
(3) in the fifth sentence, by striking ``five years, except
that'' and all that follows through the period and inserting
``five years, except that--
``(1) a member of the Commission appointed to fill a
vacancy occurring prior to the expiration of the term for which
the member's predecessor was appointed, shall be appointed only
for the remainder of such term; and
``(2) any member of the Commission may continue to serve
after an expiration of the member's term of office until such
member's successor is appointed, has taken office, and is
serving on the Commission.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS INDEMNITY ACT.
Section 5 of the Arts and Artifacts Indemnity Act (20 U.S.C. 974)
is amended--
(1) in subsection (b), by striking ``$5,000,000,000'' and
inserting ``$8,000,000,000'';
(2) in subsection (c), by striking ``$500,000,000'' and
inserting ``$600,000,000''; and
(3) in subsection (d)--
(A) in paragraph (6), by striking ``or'' after the
semicolon;
(B) by striking paragraph (7) and inserting the
following:
``(7) not less than $400,000,000 but less than
$500,000,000, then coverage under this chapter shall extend
only to loss or damage in excess of the first $400,000 of loss
or damage to items covered; or
``(8) $500,000,000 or more, then coverage under this
chapter shall extend only to loss or damage in excess of the
first $500,000 of loss or damage to items covered.''.
SEC. 502. NATIONAL CHILDREN'S MUSEUM.
(a) Designation.--The Capital Children's Museum located at 800
Third Street, NE, Washington, D.C. (or any successor location),
organized under the laws of the District of Columbia, is designated as
the ``National Children's Museum''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Capital Children's
Museum referred to in subsection (a) shall be deemed to be a reference
to the National Children's Museum.
SEC. 503. CONFORMING AMENDMENT.
Section 170(e)(6)(B)(i)(III) of the Internal Revenue Code of 1986
(relating to the special rule for contributions of computer technology
and equipment for educational purposes) is amended by striking
``section 213(2)(A) of the Library Services and Technology Act (20
U.S.C. 9122(2)(A)'' and inserting ``section 213(1)(A) of the Library
Services and Technology Act (20 U.S.C. 9122(1)(A))''.
SEC. 504. TECHNICAL CORRECTIONS.
(a) Title Heading.--The title heading for the Museum and Library
Services Act (20 U.S.C. 9101 et seq.) is amended to read as follows:
``TITLE II--MUSEUM AND LIBRARY SERVICES''.
(b) Subtitle A Heading.--The subtitle heading for subtitle A of the
Museum and Library Services Act (20 U.S.C. 9101 et seq.) is amended to
read as follows:
``Subtitle A--General Provisions''.
(c) Subtitle B Heading.--The subtitle heading for subtitle B of the
Museum and Library Services Act (20 U.S.C. 9121 et seq.) is amended to
read as follows:
``Subtitle B--Library Services and Technology''.
(d) Subtitle C Heading.--The subtitle heading for subtitle C of the
Museum and Library Services Act (20 U.S.C. 9171 et seq.) is amended to
read as follows:
``Subtitle C--Museum Services''.
(e) Contributions.--Section 208 of the Museum and Library Services
Act (20 U.S.C. 9106) (as redesignated by section 104 of this Act) is
amended by striking ``property of services'' and inserting ``property
or services''.
(f) State Plan Contents.--Section 224(b)(5) of the Library Services
and Technology Act (20 U.S.C. 9134(b)(5)) is amended by striking
``and'' at the end.
(g) National Leadership Grants, Contracts, or Cooperative
Agreements.--Section 262(b)(1) of the Library Services and Technology
Act (20 U.S.C. 9162(b)(1)) is amended by striking ``cooperative
agreements, with,'' and inserting ``cooperative agreements with,''.
SEC. 505. REPEALS.
(a) National Commission on Libraries and Information Science Act.--
Section 5 of the National Commission on Libraries and Information
Science Act (20 U.S.C. 1504) is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(b) Museum and Library Services Act of 1996.--Sections 704 through
707 of the Museum and Library Services Act of 1996 (20 U.S.C. 9102
note, 9103 note, and 9105 note) are repealed.
SEC. 506. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act, except that the amendments made by sections 203,
204, and 305 of this Act shall take effect on October 1, 2003.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S5345-5349)
Committee on Health, Education, Labor, and Pensions. Ordered to be reported without amendment favorably.
Committee on Health, Education, Labor, and Pensions. Reported by Senator Gregg without amendment. With written report No. 108-83.
Committee on Health, Education, Labor, and Pensions. Reported by Senator Gregg without amendment. With written report No. 108-83.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 178.
Measure laid before Senate by unanimous consent. (consideration: CR S10930-10931)
Senate incorporated this measure in H.R.13 as an amendment.
Senate passed measure H.R.13 in lieu of this measure.
Returned to the Calendar. Calendar No. 178. (consideration: CR S10931)
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