[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 888 Reported in Senate (RS)]






                                                       Calendar No. 178
108th CONGRESS
  1st Session
                                 S. 888

                          [Report No. 108-83]

   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, Mr. Schumer, Mr. Levin, Mr. 
 Lautenberg, Mr. Graham of South Carolina, Mr. Chafee, Mrs. Feinstein, 
 Mr. Rockefeller, Mr. Hollings, Mr. Kerry, Mr. Lieberman, Mrs. Boxer, 
   Mr. Corzine, Mr. Inouye, Mr. Carper, Mr. Leahy, Ms. Mikulski, Mr. 
 Johnson, Mr. Nelson of Nebraska, Mr. Durbin, Ms. Snowe, Ms. Stabenow, 
 Mr. Dayton, Mr. Akaka, Mr. Harkin, Mr. Allen, Mr. Graham of Florida, 
    Mr. Sununu, Mr. Pryor, Mr. Reid, Mr. Santorum, Mr. Daschle, Mr. 
    Chambliss, Mr. Nelson of Florida, Mr. Grassley, Mr. Miller, Ms. 
 Murkowski, Mr. Bayh, and Mrs. Lincoln) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

                             June 26, 2003

                Reported by Mr. Gregg, without amendment

_______________________________________________________________________

                                 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.




                                                       Calendar No. 178

108th CONGRESS

  1st Session

                                 S. 888

                          [Report No. 108-83]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 26, 2003

                       Reported without amendment