[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3784 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3784

   To reauthorize the Museum and Library Services Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2002

  Mr. Hoekstra (for himself, Mr. Roemer, Mr. Boehner, Mr. Petri, Mrs. 
Roukema, Mr. Greenwood, Mr. Graham, Mr. Kildee, Mr. Owens, Mr. Andrews, 
 Mr. Kucinich, Mr. Holt, Mr. Cunningham, Ms. Eshoo, Ms. Slaughter, Mr. 
    Towns, Mr. Jenkins, Mr. Hall of Ohio, Mr. Doyle, Mr. Frank, Mr. 
    Skelton, Mr. Neal of Massachusetts, Mr. Green of Wisconsin, Mr. 
 McGovern, Mr. Rahall, and Mr. Sununu) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 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 
2002''.

                      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 paragraphs (1) and (4);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively; and
            (3) by adding at the end the following:
            ``(3) Museum and library services board.--The term ``Museum 
        and Library Services Board'' means the National Museum and 
        Library Services Board established under section 207.''.

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(e) of the Museum and Library Services Act (20 U.S.C. 
9103(e)) is amended 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 (as amended by the No Child Left 
Behind Act of 2001 (Public Law 107-110)).''.

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 in 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 of the Office of Library 
                Services.
                    ``(C) The Deputy Director of the Office of Museum 
                Services.
                    ``(D) 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 in the area of library 
                services by virtue of their education, training, or 
                experience.
                    ``(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 in the area of museum 
                services by virtue of their education, training, or 
                experience.
            ``(2) Special qualifications.--
                    ``(A) Library members.--Of the members of the 
                Museum and Library Services Board appointed under 
                paragraph (1)(D)--
                            ``(i) 5 shall be professional librarians or 
                        information specialists, of whom--
                                    ``(I) at least 1 shall be 
                                knowledgeable about electronic 
                                information and technical aspects of 
                                library and information services and 
                                sciences; and
                                    ``(II) and at least 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)(E)--
                            ``(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, and the Deputy Director of the 
        Office of Museum Services shall be nonvoting members of the 
        Museum and Library Services Board.
    ``(c) Terms.--
            ``(1) In general.--Each member of the Museum and Library 
        Services Board appointed under subparagraph (D) or (E) of 
        paragraph (1) shall serve for a term of 5 years, except that--
                    ``(A) of the members first appointed, 5 shall serve 
                for terms of 5 years, 5 shall serve for terms of 4 
                years, 5 shall serve for terms of 3 years, and 5 shall 
                serve for terms of 2 years, as designated by the 
                President at the time of nomination for appointment; 
                and
                    ``(B) any member appointed to fill a vacancy shall 
                serve for the remainder of the term for which the 
                predecessor of the member was appointed.
            ``(2) 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.
            ``(3) 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 assist 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 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 274(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).''.

               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. AUTHORIZATION OF APPROPRIATIONS.

    Section 214 of the Library Services and Technology Act (20 U.S.C. 
9123) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--There are authorized to be appropriated to carry 
out this subtitle such sums as may be necessary for fiscal years 2003 
through 2008.''; and
            (2) in subsection (c), by striking ``3 percent'' and 
        inserting ``3.5 percent''.

SEC. 203. 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 
                        2002, the minimum allotment for each State 
                        otherwise receiving a minimum allotment of 
                        $340,000 under subparagraph (A) shall be 
                        increased to $500,000.
                            ``(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 is insufficient to fully satisfy the 
                        requirement of clause (i), the excess amount 
                        referred to in such clause shall be allotted 
                        among the States otherwise receiving a minimum 
                        allotment of $340,000 under subparagraph (A) so 
                        as to increase equally the minimum allotment 
                        for each such State.
                    ``(D) Coordination.--With respect to the allotments 
                made to the Republic of the Marshall Islands, the 
                Federated States of Micronesia, and the Republic of 
                Palau under this paragraph, the Director may coordinate 
                with the Pacific Region Educational Laboratory in 
                Honolulu, Hawaii, to provide technical assistance, 
                where appropriate.''.

SEC. 204. 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), 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. 205. 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. 206. SERVICES FOR NATIVE AMERICANS.

    Section 261 of the Library Services and Technology Act (20 U.S.C. 
9161) is amended by striking ``7207'' and inserting ``7202''.

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, subject to the policy direction of 
the Museum and Library Services Board, may enter into arrangements, 
including grants, contracts, cooperative agreements, and other forms of 
assistance to museums and other entities as the Director considers 
appropriate, to pay for the Federal share of the cost--
            ``(1) to support 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) to support 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) to support 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) to stimulate greater collaboration among museums, 
        libraries, schools, and other community organizations in order 
        to share resources and strengthen communities;
            ``(5) to encourage the use of new technologies and 
        broadcast media to enhance access to museum collections, 
        programs, and services;
            ``(6) to support museums in providing services to people of 
        diverse geographic, cultural, and socioeconomic backgrounds and 
        to individuals with disabilities;
            ``(7) to support 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) to support 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) to support museums in research, program evaluation, 
        and the collection and dissemination of information to museum 
        professionals and the public; and
            ``(10) to encourage, support, and disseminate 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.--The Director shall establish 
procedures for reviewing and evaluating arrangements described in 
subsection (a) entered into under this subtitle. Procedures for 
reviewing such arrangements shall not be subject to any review outside 
of the Institute.''.

SEC. 304. REPEALS.

    Sections 274 and 275 and 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)--
            (1) is redesignated as section 274 of such Act; and
            (2) is amended, 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 ``such sums as may be necessary for fiscal years 2003 
        through 2008.''.

        TITLE IV--TECHNICAL CORRECTIONS; REPEALS; EFFECTIVE DATE

SEC. 401. 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 Museum and Library Services Act 
(20 U.S.C. 9162(b)(1)) is amended by striking ``cooperative agreements, 
with,'' and inserting ``cooperative agreements with,''.

SEC. 402. 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 by striking subsections (b) and 
(c) and 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. 403. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on October 1, 
2002.
                                 <all>