[Congressional Record Volume 142, Number 136 (Friday, September 27, 1996)]
[House]
[Pages H11476-H11485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OLDER AMERICANS ACT INDIAN TECHNICAL AMENDMENTS
Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1972) to amend the Older Americans Act of 1965, and for
other purposes, as amended.
The Clerk read as follows:
S. 1972
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
Sec. 1. Table of contents.
TITLE I--OLDER AMERICANS ACT OF 1965
Sec. 101. Indian employment; definition of Indian reservation.
Sec. 102. Population statistics development.
Sec. 103. Reporting requirements.
Sec. 104. Expenditure of funds for nutrition services.
Sec. 105. Coordination of services.
TITLE II--EXTENSION OF PROGRAMS; MUSEUMS AND LIBRARIES
Subtitle A--Extension of Programs
Sec. 201. Extension of National Literacy Act of 1991.
Sec. 202. Adult Education Act amendments.
Sec. 203. Extension of Carl D. Perkins Vocational and Applied
Technology Education Act.
Subtitle B--Museums and Libraries
Sec. 211. Museum and library services.
Sec. 212. National Commission on Libraries and Information Science.
Sec. 213. Transfer of functions from Institute of Museum Services.
Sec. 214. Service of individuals serving on date of enactment.
Sec. 215. Consideration.
Sec. 216. Transition and transfer of funds.
TITLE III--HIGHER EDUCATION
Subtitle A--Debt Reduction
Sec. 301. Unsubsidized student loans.
Sec. 302. Study of loan fees.
Subtitle B--Financial Responsibility Standards
Sec. 311. Extension of public comment period.
TITLE I--OLDER AMERICANS ACT OF 1965
SEC. 101. INDIAN EMPLOYMENT; DEFINITION OF INDIAN
RESERVATION.
Section 502(b)(1)(B) of the Older Americans Act of 1965 (42
U.S.C. 3056(b)(1)(B)) is amended to read as follows:
``(B)(i) will provide employment for eligible individuals
in the community in which such individuals reside, or in
nearby communities; or
``(ii) if such project is carried out by a tribal
organization that enters into an agreement under this
subsection or receives assistance from a State that enters
into such an agreement, will provide employment for such
individuals who are Indians residing on or near an Indian
reservation, as the term is defined in section 2601(2) of the
Energy Policy Act of 1992 (25 U.S.C. 3501(2));''.
SEC. 102. POPULATION STATISTICS DEVELOPMENT.
Section 614(b) of the Older Americans Act of 1965 (42
U.S.C. 3057e(b)) is amended by striking ``certification'' and
inserting ``approval''.
SEC. 103. REPORTING REQUIREMENTS.
Section 614(c) of the Older Americans Act of 1965 (42
U.S.C. 3057e(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) The Assistant Secretary shall provide waivers and
exemptions of the reporting requirements of subsection (a)(3)
for applicants
[[Page H11477]]
that serve Indian populations in geographically isolated
areas, or applicants that serve small Indian populations,
where the small scale of the project, the nature of the
applicant, or other factors make the reporting requirements
unreasonable under the circumstances. The Assistant Secretary
shall consult with such applicants in establishing
appropriate waivers and exemptions.''.
SEC. 104. EXPENDITURE OF FUNDS FOR NUTRITION SERVICES.
Section 614(c) of the Older Americans Act of 1965 (42
U.S.C. 3057e(c)), as amended by section 103, is further
amended by adding at the end the following new paragraph:
``(3) In determining whether an application complies with
the requirements of subsection (a)(8), the Assistant
Secretary shall provide maximum flexibility to an applicant
who seeks to take into account subsistence needs, local
customs, and other characteristics that are appropriate to
the unique cultural, regional, and geographical needs of the
Indian populations to be served.''.
SEC. 105. COORDINATION OF SERVICES.
Section 614(c) of the Older Americans Act of 1965 (42
U.S.C. 3057e(c)), as amended by section 104, is further
amended by adding at the end the following new paragraph:
``(4) In determining whether an application complies with
the requirements of subsection (a)(12), the Assistant
Secretary shall require only that an applicant provide an
appropriate narrative description of the geographical area to
be served and an assurance that procedures will be adopted to
ensure against duplicate services being provided to the same
recipients.''.
TITLE II--EXTENSION OF PROGRAMS; MUSEUMS AND LIBRARIES
Subtitle A--Extension of Programs
SEC. 201. EXTENSION OF NATIONAL LITERACY ACT OF 1991.
(a) National Workforce Literacy Assistance Collaborative.--
Subsection (c) of section 201 of the National Literacy Act of
1991 (20 U.S.C. 1211-1(c)) is amended by striking
``$5,000,000'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year
1997.''.
(b) Functional Literacy and Life Skills Program for State
and Local Prisoners.--Paragraph (3) of section 601(i) of the
National Literacy Act of 1991 (20 U.S.C. 1211-2(i)) is
amended by striking ``$10,000,000'' and all that follows
through the period and inserting ``such sums as may be
necessary for fiscal year 1997.''.
SEC. 202. ADULT EDUCATION ACT AMENDMENTS.
The Adult Education Act (20 U.S.C. 1201 et seq.) is
amended--
(1) in section 312--
(A) in each of subparagraphs (A) and (B) of paragraph (11),
by moving the left margin two ems to the right;
(B) in each of paragraphs (11) through (15), by moving the
left margin two ems to the right; and
(C) by adding at the end the following:
``(16) The term `family literacy services' means services
that are of sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a family
and that integrate all of the following activities:
``(A) Interactive literacy activities between parents and
their children.
``(B) Training for parents on how to be the primary teacher
for their children and full partners in the education of
their children.
``(C) Parent literacy training.
``(D) An age-appropriate education program for children.'';
(2) in section 313(a), by striking ``the fiscal year
1991,'' and all that follows through ``1995'' and inserting
``fiscal year 1997'';
(3) in section 321, by inserting ``and family literacy
services'' after ``and activities'';
(4) in the first sentence of section 322(a)(1), by
inserting ``and family literacy services'' after ``adult
education programs'';
(5) in section 341(a), by inserting ``and for family
literacy services'' after ``adult education'';
(6) in section 356(k), by striking ``$25,000,000'' and all
that follows through the period and inserting ``such sums as
may be necessary for fiscal year 1997.'';
(7) in section 371(e)(1), by striking ``the fiscal year
1991,'' and all that follows through the period and inserting
``fiscal year 1997.'';
(8) in section 384, by striking subsections (c) through
(n); and
(9) by adding at the end the following:
``SEC. 386. NATIONAL INSTITUTE FOR LITERACY.
``(a) Establishment.--
``(1) In general.--There is established the National
Institute for Literacy (in this section referred to as the
`Institute'). The Institute shall be administered under the
terms of an interagency agreement entered into by the
Secretary of Education with the Secretary of Labor and the
Secretary of Health and Human Services (in this section
referred to as the `Interagency Group'). The Interagency
Group may include in the Institute any research and
development center, institute, or clearinghouse established
within the Department of Education, the Department of Labor,
or the Department of Health and Human Services whose purpose
is determined by the Interagency Group to be related to the
purpose of the Institute.
``(2) Offices.--The Institute shall have offices separate
from the offices of the Department of Education, the
Department of Labor, and the Department of Health and Human
Services.
``(3) Board recommendations.--The Interagency Group shall
consider the recommendations of the National Institute for
Literacy Advisory Board (in this section referred to as the
`Board') established under subsection (d) in planning the
goals of the Institute and in the implementation of any
programs to achieve such goals.
``(4) Daily operations.--The daily operations of the
Institute shall be carried out by the Director of the
Institute appointed under subsection (g).
``(b) Duties.--
``(1) In general.--The Institute shall improve the quality
and accountability of the adult basic skills and literacy
delivery system by--
``(A) providing national leadership for the improvement and
expansion of the system for delivery of literacy services;
``(B) coordinating the delivery of such services across
Federal agencies;
``(C) identifying effective models of basic skills and
literacy education for adults and families that are essential
to success in job training, work, the family, and the
community;
``(D) supporting the creation of new methods of offering
improved literacy services;
``(E) funding a network of State or regional adult literacy
resource centers to assist State and local public and private
nonprofit efforts to improve literacy by--
``(i) encouraging the coordination of literacy services;
``(ii) carrying out evaluations of the effectiveness of
adult education and literacy activities;
``(iii) enhancing the capacity of State and local
organizations to provide literacy services; and
``(iv) serving as a reciprocal link between the Institute
and providers of adult education and literacy activities for
the purpose of sharing information, data, research,
expertise, and literacy resources;
``(F) supporting the development of models at the State and
local level of accountability systems that consist of goals,
performance measures, benchmarks, and assessments that can be
used to improve the quality of adult education and literacy
activities;
``(G) providing information, and other program improvement
activities to national, State, and local organizations, such
as--
``(i) improving the capacity of national, State, and local
public and private organizations that provide literacy and
basic skills services, professional development, and
technical assistance, such as the State or regional adult
literacy resource centers referred to in subparagraph (E);
and
``(ii) establishing a national literacy electronic database
and communications network;
``(H) working with the Interagency Group, Federal agencies,
and the Congress to ensure that such Group, agencies, and the
Congress have the best information available on literacy and
basic skills programs in formulating Federal policy with
respect to the issues of literacy, basic skills, and
workforce and career development; and
``(I) assisting with the development of policy with respect
to literacy and basic skills.
``(2) Grants, contracts, and agreements.--The Institute may
make grants to, or enter into contracts or cooperative
agreements with, individuals, public or private institutions,
agencies, organizations, or consortia of such institutions,
agencies, or organizations to carry out the activities of the
Institute. Such grants, contracts, or agreements shall be
subject to the laws and regulations that generally apply to
grants, contracts, or agreements entered into by Federal
agencies.
``(c) Literacy Leadership.--
``(1) Fellowships.--The Institute, in consultation with the
Board, may award fellowships, with such stipends and
allowances as the Director considers necessary, to
outstanding individuals pursuing careers in adult education
or literacy in the areas of instruction, management,
research, or innovation.
``(2) Use of fellowships.--Fellowships awarded under this
subsection shall be used, under the auspices of the
Institute, to engage in research, education, training,
technical assistance, or other activities to advance the
field of adult education or literacy, including the training
of volunteer literacy providers at the national, State, or
local level.
``(3) Interns and volunteers.--The Institute, in
consultation with the Board, may award paid and unpaid
internships to individuals seeking to assist the Institute in
carrying out its mission. Notwithstanding section 1342 of
title 31, United States Code, the Institute may accept and
use voluntary and uncompensated services as the Institute
determines necessary.
``(d) National Institute for Literacy Advisory Board.--
``(1) Establishment.--
``(A) In general.--There is established a National
Institute for Literacy Advisory Board. The Board shall
consist of 10 individuals appointed by the President, with
the advice and consent of the Senate, from individuals who--
``(i) are not otherwise officers or employees of the
Federal Government; and
``(ii) are representative of entities or groups described
in subparagraph (B).
``(B) Entities or groups described.--The entities or groups
referred to in subparagraph (A) are--
``(i) literacy organizations and providers of literacy
services, including--
``(I) nonprofit providers of literacy services;
[[Page H11478]]
``(II) providers of programs and services involving English
language instruction; and
``(III) providers of services receiving assistance under
this title;
``(ii) businesses that have demonstrated interest in
literacy programs;
``(iii) literacy students;
``(iv) experts in the area of literacy research;
``(v) State and local governments; and
``(vi) representatives of employees.
``(2) Duties.--The Board--
``(A) shall make recommendations concerning the appointment
of the Director and staff of the Institute;
``(B) shall provide independent advice on the operation of
the Institute; and
``(C) shall receive reports from the Interagency Group and
the Director.
``(3) Federal advisory committee act.--Except as otherwise
provided, the Board established by this subsection shall be
subject to the provisions of the Federal Advisory Committee
Act (5 U.S.C. App.).
``(4) Terms.--
``(A) In general.--Each member of the Board shall be
appointed for a term of 3 years, except that the initial
terms for members may be 1, 2, or 3 years in order to
establish a rotation in which \1/3\ of the members are
selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) Vacancy appointments.--Any member appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Board shall be filled in the
manner in which the original appointment was made. A vacancy
in the Board shall not affect the powers of the Board.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum but a lesser number may hold hearings.
Any recommendation of the Board may be passed only by a
majority of the Board's members present.
``(6) Election of officers.--The Chairperson and Vice
Chairperson of the Board shall be elected by the members of
the Board. The term of office of the Chairperson and Vice
Chairperson shall be 2 years.
``(7) Meetings.--The Board shall meet at the call of the
Chairperson or a majority of the members of the Board.
``(e) Gifts, Bequests, and Devises.--The Institute may
accept, administer, and use gifts or donations of services,
money, or property, both real and personal.
``(f) Mails.--The Board and the Institute may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
``(g) Director.--The Interagency Group, after considering
recommendations made by the Board, shall appoint and fix the
pay of a Director.
``(h) Applicability of Certain Civil Service Laws.--The
Director and staff of the Institute may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
maximum rate payable under section 5376 of title 5, United
States Code.
``(i) Experts and Consultants.--The Board and the Institute
may procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(j) Report.--The Institute shall submit a report
biennially to the Committee on Economic and Educational
Opportunities of the House of Representatives and the
Committee on Labor and Human Resources of the Senate. Each
report submitted under this subsection shall include--
``(1) a comprehensive and detailed description of the
Institute's operations, activities, financial condition, and
accomplishments in the field of literacy for the period
covered by the report;
``(2) a description of how plans for the operation of the
Institute for the succeeding two fiscal years will facilitate
achievement of the goals of the Institute and the goals of
the literacy programs within the Department of Education, the
Department of Labor, and the Department of Health and Human
Services; and
``(3) any additional minority, or dissenting views
submitted by members of the Board.
``(k) Funding.--Any amounts appropriated to the Secretary
of Education, the Secretary of Labor, or the Secretary of
Health and Human Services for purposes that the Institute is
authorized to perform under this section may be provided to
the Institute for such purposes.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated $10,000,000 for fiscal year
1997 and such sums as may be necessary for each of the fiscal
years 1998 through 2002 to carry out this section.''.
SEC. 203. EXTENSION OF CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT.
Subsection (a) of section 3 of the Carl D. Perkins
Vocational and Applied Technology Act is amended by striking
``appropriated'' and all that follows through ``1995'' and
inserting ``appropriated for fiscal year 1997 such sums as
may be necessary''.
Subtitle B--Museums and Libraries
SEC. 211. MUSEUM AND LIBRARY SERVICES.
The Museum Services Act (20 U.S.C. 961 et seq.) is amended
to read as follows:
``TITLE II--MUSEUM AND LIBRARY SERVICES
``Subtitle A--General Provisions
``SEC. 201. SHORT TITLE.
``This title may be cited as the `Museum and Library
Services Act'.
``SEC. 202. GENERAL DEFINITIONS.
``As used in this title:
``(1) Commission.--The term `Commission' means the National
Commission on Libraries and Information Science established
under section 3 of the National Commission on Libraries and
Information Sciences Act (20 U.S.C. 1502).
``(2) Director.--The term `Director' means the Director of
the Institute appointed under section 204.
``(3) Institute.--The term `Institute' means the Institute
of Museum and Library Services established under section 203.
``(4) Museum board.--The term `Museum Board' means the
National Museum Services Board established under section 275.
``SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
``(a) Establishment.--There is established, within the
National Foundation on the Arts and the Humanities, an
Institute of Museum and Library Services.
``(b) Offices.--The Institute shall consist of an Office of
Museum Services and an Office of Library Services. There
shall be a National Museum Services Board in the Office of
Museum Services.
``SEC. 204. DIRECTOR OF THE INSTITUTE.
``(a) Appointment.--
``(1) In general.--The Institute shall be headed by a
Director, appointed by the President, by and with the advice
and consent of the Senate.
``(2) Term.--The Director shall serve for a term of 4
years.
``(3) Qualifications.--Beginning with the first individual
appointed to the position of Director after the date of the
enactment of the Act entitled `An Act to amend the Older
Americans Act of 1965, and for other purposes', every second
individual so appointed shall be appointed from among
individuals who have special competence with regard to
library and information services. Beginning with the second
individual appointed to the position of Director after the
date of enactment of the Act entitled `An Act to amend the
Older Americans Act of 1965, and for other purposes', every
second individual so appointed shall be appointed from among
individuals who have special competence with regard to museum
services.
``(b) Compensation.--The Director may be compensated at the
rate provided for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(c) Duties and Powers.--The Director shall perform such
duties and exercise such powers as may be prescribed by law,
including awarding financial assistance for activities
described in this title.
``(d) Nondelegation.--The Director shall not delegate any
of the functions of the Director to any person who is not an
officer or employee of the Institute.
``(e) Coordination.--The Director shall ensure coordination
of the policies and activities of the Institute with the
policies and activities of other agencies and offices of the
Federal Government having interest in and responsibilities
for the improvement of museums and libraries and information
services.
``SEC. 205. DEPUTY DIRECTORS.
``The Office of Library Services shall be headed by a
Deputy Director, who shall be appointed by the Director from
among individuals who have a graduate degree in library
science and expertise in library and information services.
The Office of Museum Services shall be headed by a Deputy
Director, who shall be appointed by the Director from among
individuals who have expertise in museum services.
``SEC. 206. PERSONNEL.
``(a) In General.--The Director may, in accordance with
applicable provisions of title 5, United States Code, appoint
and determine the compensation of such employees as the
Director determines to be necessary to carry out the duties
of the Institute.
``(b) Voluntary Services.--The Director may accept and
utilize the voluntary services of individuals and reimburse
the individuals for travel expenses, including per diem in
lieu of subsistence, in the same amounts and to the same
extent as authorized under section 5703 of title 5, United
States Code, for persons employed intermittently in Federal
Government service.
``SEC. 207. CONTRIBUTIONS.
``The Institute is authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests,
or devises of money and other property or services and to use
such property or services in furtherance of the functions of
the Institute. Any proceeds from such gifts, bequests, or
devises, after acceptance by the Institute, shall be paid by
the donor or the representative of the donor to the Director.
The Director shall enter the proceeds in a special interest-
bearing account to the credit of the Institute for the
purposes specified in each case.
``Subtitle B--Library Services and Technology
``SEC. 211. SHORT TITLE.
``This subtitle may be cited as the `Library Services and
Technology Act'.
[[Page H11479]]
``SEC. 212. PURPOSE.
``It is the purpose of this subtitle--
``(1) to consolidate Federal library service programs;
``(2) to stimulate excellence and promote access to
learning and information resources in all types of libraries
for individuals of all ages;
``(3) to promote library services that provide all users
access to information through State, regional, national and
international electronic networks;
``(4) to provide linkages among and between libraries; and
``(5) to promote targeted library services to people of
diverse geographic, cultural, and socioeconomic backgrounds,
to individuals with disabilities, and to people with limited
functional literacy or information skills.
``SEC. 213. DEFINITIONS.
``As used in this subtitle:
``(1) 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.
``(2) Library.--The term `library' includes--
``(A) a public library;
``(B) a public elementary school or secondary school
library;
``(C) an academic library;
``(D) a research library, which for the purposes of this
subtitle means a library that--
``(i) makes publicly available library services and
materials suitable for scholarly research and not otherwise
available to the public; and
``(ii) is not an integral part of an institution of higher
education; and
``(E) a private library, but only if the State in which
such private library is located determines that the library
should be considered a library for purposes of this subtitle.
``(3) Library consortium.--The term `library consortium'
means any local, statewide, regional, interstate, or
international cooperative association of library entities
which provides for the systematic and effective coordination
of the resources of school, public, academic, and special
libraries and information centers, for improved services for
the clientele of such library entities.
``(4) State.--The term `State', unless otherwise specified,
includes each of the 50 States of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, 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.
``(5) State library administrative agency.--The term `State
library administrative agency' means the official agency of a
State charged by the law of the State with the extension and
development of public library services throughout the State.
``(6) State plan.--The term `State plan' means the document
which gives assurances that the officially designated State
library administrative agency has the fiscal and legal
authority and capability to administer all aspects of this
subtitle, provides assurances for establishing the State's
policies, priorities, criteria, and procedures necessary to
the implementation of all programs under this subtitle,
submits copies for approval as required by regulations
promulgated by the Director, identifies a State's library
needs, and sets forth the activities to be taken toward
meeting the identified needs supported with the assistance of
Federal funds made available under this subtitle.
``SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$150,000,000 for fiscal year 1997 and such sums as may be
necessary for each of the fiscal years 1998 through 2002 to
carry out this subtitle.
``(2) Transfer.--The Secretary of Education shall--
``(A) transfer any funds appropriated under the authority
of paragraph (1) to the Director to enable the Director to
carry out this subtitle; and
``(B) not exercise any authority concerning the
administration of this title other than the transfer
described in subparagraph (A).
``(b) Forward Funding.--
``(1) In general.--To the end of affording the responsible
Federal, State, and local officers adequate notice of
available Federal financial assistance for carrying out
ongoing library activities and projects, appropriations for
grants, contracts, or other payments under any program under
this subtitle are authorized to be included in the
appropriations Act for the fiscal year preceding the fiscal
year during which such activities and projects shall be
carried out.
``(2) Additional authorization of appropriations.--In order
to effect a transition to the timing of appropriation action
authorized by subsection (a), the application of this section
may result in the enactment, in a fiscal year, of separate
appropriations for a program under this subtitle (whether in
the same appropriations Act or otherwise) for two consecutive
fiscal years.
``(c) Administration.--Not more than 3 percent of the funds
appropriated under this section for a fiscal year may be used
to pay for the Federal administrative costs of carrying out
this subtitle.
``CHAPTER 1--BASIC PROGRAM REQUIREMENTS
``SEC. 221. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--
``(1) In general.--From the amount appropriated under the
authority of section 214 for any fiscal year, the Director--
``(A) shall reserve 1\1/2\ percent to award grants in
accordance with section 261; and
``(B) shall reserve 4 percent to award national leadership
grants or contracts in accordance with section 262.
``(2) Special rule.--If the funds reserved pursuant to
paragraph (1)(B) for a fiscal year have not been obligated by
the end of such fiscal year, then such funds shall be
allotted in accordance with subsection (b) for the fiscal
year succeeding the fiscal year for which the funds were so
reserved.
``(b) Allotments.--
``(1) In general.--From the sums appropriated under the
authority of section 214 and not reserved under subsection
(a) for any fiscal year, the Director shall award grants from
minimum allotments, as determined under paragraph (3), to
each State. Any sums remaining after minimum allotments are
made for such year shall be allotted in the manner set forth
in paragraph (2).
``(2) Remainder.--From the remainder of any sums
appropriated under the authority of section 214 that are not
reserved under subsection (a) and not allotted under
paragraph (1) for any fiscal year, the Director shall award
grants to each State in an amount that bears the same
relation to such remainder as the population of the State
bears to the population of all States.
``(3) Minimum allotment.--
``(A) In general.--For the 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.--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 aggregate of the minimum allotments for all
States for that purpose for such year, each of such minimum
allotments shall be reduced ratably.
``(C) 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 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 pursuant to
recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(iii) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
shall not receive any funds under this subtitle for any
fiscal year that begins after September 30, 2001.
``(iv) 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.
``(4) Data.--The population of each State and of all the
States shall be determined by the Director on the basis of
the most recent data available from the Bureau of the Census.
``SEC. 222. ADMINISTRATION.
``(a) In General.--Not more than 4 percent of the total
amount of funds received under this subtitle for any fiscal
year by a State may be used for administrative costs.
``(b) Construction.--Nothing in this section shall be
construed to limit spending for evaluation costs under
section 224(c) from sources other than this subtitle.
``SEC. 223. PAYMENTS; FEDERAL SHARE; AND MAINTENANCE OF
EFFORT REQUIREMENTS.
``(a) Payments.--Subject to appropriations provided
pursuant to section 214, the Director shall pay to each State
library administrative agency having a State plan approved
under section 224 the Federal share of the cost of the
activities described in the State plan.
``(b) Federal Share.--
``(1) In general.--The Federal share shall be 66 percent.
``(2) Non-federal share.--The non-Federal share of payments
shall be provided from non-Federal, State, or local sources.
``(c) Maintenance of Effort.--
``(1) State expenditures.--
``(A) Requirement.--
``(i) In general.--The amount otherwise payable to a State
for a fiscal year pursuant to an allotment under this chapter
shall be reduced if the level of State expenditures, as
[[Page H11480]]
described in paragraph (2), for the previous fiscal year is
less than the average of the total of such expenditures for
the 3 fiscal years preceding that previous fiscal year. The
amount of the reduction in allotment for any fiscal year
shall be equal to the amount by which the level of such State
expenditures for the fiscal year for which the determination
is made is less than the average of the total of such
expenditures for the 3 fiscal years preceding the fiscal year
for which the determination is made.
``(ii) Calculation.--Any decrease in State expenditures
resulting from the application of subparagraph (B) shall be
excluded from the calculation of the average level of State
expenditures for any 3-year period described in clause (i).
``(B) Decrease in federal support.--If the amount made
available under this subtitle for a fiscal year is less than
the amount made available under this subtitle for the
preceding fiscal year, then the expenditures required by
subparagraph (A) for such preceding fiscal year shall be
decreased by the same percentage as the percentage decrease
in the amount so made available.
``(2) Level of state expenditures.--The level of State
expenditures for the purposes of paragraph (1) shall include
all State dollars expended by the State library
administrative agency for library programs that are
consistent with the purposes of this subtitle. All funds
included in the maintenance of effort calculation under this
subsection shall be expended during the fiscal year for which
the determination is made, and shall not include capital
expenditures, special one-time project costs, or similar
windfalls.
``(3) Waiver.--The Director may waive the requirements of
paragraph (1) if the Director determines that such a waiver
would be equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the State.
``SEC. 224. STATE PLANS.
``(a) State Plan Required.--
``(1) In general.--In order to be eligible to receive a
grant under this subtitle, a State library administrative
agency shall submit a State plan to the Director not later
than April 1, 1997.
``(2) Duration.--The State plan shall cover a period of 5
fiscal years.
``(3) Revisions.--If a State library administrative agency
makes a substantive revision to its State plan, then the
State library administrative agency shall submit to the
Director an amendment to the State plan containing such
revision not later than April 1 of the fiscal year preceding
the fiscal year for which the amendment will be effective.
``(b) Contents.--The State plan shall--
``(1) establish goals, and specify priorities, for the
State consistent with the purposes of this subtitle;
``(2) describe activities that are consistent with the
goals and priorities established under paragraph (1), the
purposes of this subtitle, and section 231, that the State
library administrative agency will carry out during such year
using such grant;
``(3) describe the procedures that such agency will use to
carry out the activities described in paragraph (2);
``(4) describe the methodology that such agency will use to
evaluate the success of the activities established under
paragraph (2) in achieving the goals and meeting the
priorities described in paragraph (1);
``(5) describe the procedures that such agency will use to
involve libraries and library users throughout the State in
policy decisions regarding implementation of this subtitle;
and
``(6) provide assurances satisfactory to the Director that
such agency will make such reports, in such form and
containing such information, as the Director may reasonably
require to carry out this subtitle and to determine the
extent to which funds provided under this subtitle have been
effective in carrying out the purposes of this subtitle.
``(c) Evaluation and Report.--Each State library
administrative agency receiving a grant under this subtitle
shall independently evaluate, and report to the Director
regarding, the activities assisted under this subtitle, prior
to the end of the 5-year plan.
``(d) Information.--Each library receiving assistance under
this subtitle shall submit to the State library
administrative agency such information as such agency may
require to meet the requirements of subsection (c).
``(e) Approval.--
``(1) In general.--The Director shall approve any State
plan under this subtitle that meets the requirements of this
subtitle and provides satisfactory assurances that the
provisions of such plan will be carried out.
``(2) Public availability.--Each State library
administrative agency receiving a grant under this subtitle
shall make the State plan available to the public.
``(3) Administration.--If the Director determines that the
State plan does not meet the requirements of this section,
the Director shall--
``(A) immediately notify the State library administrative
agency of such determination and the reasons for such
determination;
``(B) offer the State library administrative agency the
opportunity to revise its State plan;
``(C) provide technical assistance in order to assist the
State library administrative agency in meeting the
requirements of this section; and
``(D) provide the State library administrative agency the
opportunity for a hearing.
``CHAPTER 2--LIBRARY PROGRAMS
``SEC. 231. GRANTS TO STATES.
``(a) In General.--Of the funds provided to a State library
administrative agency under section 214, such agency shall
expend, either directly or through subgrants or cooperative
agreements, at least 96 percent of such funds for--
``(1) establishing or enhancing electronic linkages among
or between libraries and library consortia; and
``(2) 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.
``(b) Special Rule.--Each State library administrative
agency receiving funds under this chapter may apportion the
funds available for the purposes described in subsection (a)
between the two purposes described in paragraphs (1) and (2)
of such subsection, as appropriate, to meet the needs of the
individual State.
``CHAPTER 3--ADMINISTRATIVE PROVISIONS
``Subchapter A--State Requirements
``SEC. 251. STATE ADVISORY COUNCILS.
``Each State desiring assistance under this subtitle may
establish a State advisory council which is broadly
representative of the library entities in the State,
including public, school, academic, special, and
institutional libraries, and libraries serving individuals
with disabilities.
``Subchapter B--Federal Requirements
``SEC. 261. SERVICES FOR INDIAN TRIBES.
``From amounts reserved under section 221(a)(1)(A) for any
fiscal year the Director shall award grants to organizations
primarily serving and representing Indian tribes to enable
such organizations to carry out the activities described in
section 231.
``SEC. 262. NATIONAL LEADERSHIP GRANTS OR CONTRACTS.
``(a) In General.--From the amounts reserved under section
221(a)(1)(B) for any fiscal year the Director shall establish
and carry out a program awarding national leadership grants
or contracts to enhance the quality of library services
nationwide and to provide coordination between libraries and
museums. Such grants or contracts shall be used for
activities that may include--
``(1) education and training of persons in library and
information science, particularly in areas of new technology
and other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
``(2) research and demonstration projects related to the
improvement of libraries, education in library and
information science, enhancement of library services through
effective and efficient use of new technologies, and
dissemination of information derived from such projects;
``(3) preservation or digitization of library materials and
resources, giving priority to projects emphasizing
coordination, avoidance of duplication, and access by
researchers beyond the institution or library entity
undertaking the project; and
``(4) model programs demonstrating cooperative efforts
between libraries and museums.
``(b) Grants or Contracts.--
``(1) In general.--The Director may carry out the
activities described in subsection (a) by awarding grants to,
or entering into contracts with, libraries, agencies,
institutions of higher education, or museums, where
appropriate.
``(2) Competitive basis.--Grants and contracts under this
section shall be awarded on a competitive basis.
``(c) Special Rule.--The Director shall make every effort
to ensure that activities assisted under this section are
administered by appropriate library and museum professionals
or experts.
``SEC. 263. STATE AND LOCAL INITIATIVES.
``Nothing in this subtitle shall be construed to interfere
with State and local initiatives and responsibility in the
conduct of library services. The administration of libraries,
the selection of personnel and library books and materials,
and insofar as consistent with the purposes of this subtitle,
the determination of the best uses of the funds provided
under this subtitle, shall be reserved for the States and
their local subdivisions.
``Subtitle C--Museum Services
``SEC. 271. PURPOSE.
``It is the purpose of this subtitle--
``(1) to encourage and assist museums in their educational
role, in conjunction with formal systems of elementary,
secondary, and postsecondary education, and with programs of
nonformal education for all age groups;
``(2) to assist museums in modernizing their methods and
facilities so that the museums are better able to conserve
the cultural, historic, and scientific heritage of the United
States; and
``(3) to ease the financial burden borne by museums as a
result of their increasing use by the public.
``SEC. 272. DEFINITIONS.
``As used in this subtitle:
[[Page H11481]]
``(1) Museum.--The term `museum' means a public or private
nonprofit agency or institution organized on a permanent
basis for essentially educational or aesthetic purposes, that
utilizes a professional staff, owns or utilizes tangible
objects, cares for the tangible objects, and exhibits the
tangible objects to the public on a regular basis.
``(2) State.--The term `State' means each of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, 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.
``SEC. 273. MUSEUM SERVICES ACTIVITIES.
``(a) Grants.--The Director, subject to the policy
direction of the Museum Board, may make grants to museums to
pay for the Federal share of the cost of increasing and
improving museum services, through such activities as--
``(1) programs that enable museums to construct or install
displays, interpretations, and exhibitions in order to
improve museum services provided to the public;
``(2) assisting museums in developing and maintaining
professionally trained or otherwise experienced staff to meet
the needs of the museums;
``(3) assisting museums in meeting the administrative costs
of preserving and maintaining the collections of the museums,
exhibiting the collections to the public, and providing
educational programs to the public through the use of the
collections;
``(4) assisting museums in cooperating with each other in
developing traveling exhibitions, meeting transportation
costs, and identifying and locating collections available for
loan;
``(5) assisting museums in the conservation of their
collections;
``(6) developing and carrying out specialized programs for
specific segments of the public, such as programs for urban
neighborhoods, rural areas, Indian reservations, and penal
and other State institutions; and
``(7) model programs demonstrating cooperative efforts
between libraries and museums.
``(b) Contracts and Cooperative Agreements.--
``(1) Projects to strengthen museum services.--The
Director, subject to the policy direction of the Museum
Board, is authorized to enter into contracts and cooperative
agreements with appropriate entities, as determined by the
Director, to pay for the Federal share of enabling the
entities to undertake projects designed to strengthen museum
services, except that any contracts or cooperative agreements
entered into pursuant to this subsection shall be effective
only to such extent or in such amounts as are provided in
appropriations acts.
``(2) Limitation on amount.--The aggregate amount of
financial assistance made available under this subsection for
a fiscal year shall not exceed 15 percent of the amount
appropriated under this subtitle for such fiscal year.
``(3) Operational expenses.--No financial assistance may be
provided under this subsection to pay for operational
expenses.
``(c) Federal Share.--
``(1) 50 percent.--Except as provided in paragraph (2), the
Federal share described in subsections (a) and (b) 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 make grants under subsection
(a), or enter into contracts or agreements under subsection
(b), for which the Federal share may be greater than 50
percent.
``(d) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating grants, contracts,
and cooperative agreements made or entered into under this
subtitle. Procedures for reviewing grant applications or
contracts and cooperative agreements for financial assistance
under this subtitle shall not be subject to any review
outside of the Institute.
``SEC. 274. AWARD.
``The Director, with the advice of the Museum Board, may
annually award a National Award for Museum Service to
outstanding museums that have made significant contributions
in service to their communities.
``SEC. 275. NATIONAL MUSEUM SERVICES BOARD.
``(a) Establishment.--There is established in the Institute
a National Museum Services Board.
``(b) Composition and Qualifications.--
``(1) Composition.--The Museum Board shall consist of the
Director and 14 members appointed by the President, by and
with the advice and consent of the Senate.
``(2) Qualifications.--The appointive members of the Museum
Board shall be selected from among citizens of the United
States--
``(A) who are members of the general public;
``(B) 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, and
botanical gardens; and
``(C) who are recognized for their broad knowledge,
expertise, or experience in museums or commitment to museums.
``(3) Geographic and other representation.--Members of the
Museum Board shall be appointed to reflect persons from
various geographic regions of the United States. The Museum
Board may not include, at any time, more than 3 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.
``(c) Terms.--
``(1) In general.--Each appointive member of the Museum
Board shall serve for a term of 5 years, except that--
``(A) of the members first appointed, 3 shall serve for
terms of 5 years, 3 shall serve for terms of 4 years, 3 shall
serve for terms of 3 years, 3 shall serve for terms of 2
years, and 2 shall serve for terms of 1 year, 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 member of the Museum 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, a
member of the Museum Board shall serve after the expiration
of the term of the member until the successor to the member
takes office.
``(d) Duties and Powers.--The Museum Board shall have the
responsibility to advise the Director on general policies
with respect to the duties, powers, and authority of the
Institute relating to museum services, including general
policies with respect to--
``(1) financial assistance awarded under this subtitle for
museum services; and
``(2) projects described in section 262(a)(4).
``(e) Chairperson.--The President shall designate 1 of the
appointive members of the Museum Board as Chairperson of the
Museum Board.
``(f) Meetings.--
``(1) In general.--The Museum Board shall meet--
``(A) not less than 3 times each year, including--
``(i) not less than 2 times each year separately; and
``(ii) not less than 1 time each year in a joint meeting
with the Commission, convened for purposes of making general
policies with respect to financial assistance for projects
described in section 262(a)(4); and
``(B) at the call of the Director.
``(2) Vote.--All decisions by the Museum Board with respect
to the exercise of the duties and powers of the Museum Board
shall be made by a majority vote of the members of the Museum
Board who are present. All decisions by the Commission and
the Museum Board with respect to the policies described in
paragraph (1)(A)(ii) shall be made by a \2/3\ majority vote
of the total number of the members of the Commission and the
Museum Board who are present.
``(g) Quorum.--A majority of the members of the Museum
Board shall constitute a quorum for the conduct of business
at official meetings of the Museum Board, but a lesser number
of members may hold hearings. A majority of the members of
the Commission and a majority of the members of the Museum
Board shall constitute a quorum for the conduct of business
at official joint meetings of the Commission and the Museum
Board.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum 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 rate 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 Board.
All members of the Museum Board who are officers or employees
of the Federal Government shall serve without compensation in
addition to compensation received for their services as
officers or employees of the Federal Government.
``(2) Travel expenses.--The members of the Museum Board may
be allowed travel expenses, including per diem in lieu of
subsistence, in the same amounts and to the same extent, as
authorized under section 5703 of title 5, United States Code,
for persons employed intermittently in Federal Government
service.
``(i) Coordination.--The Museum Board, with the advice of
the Director, shall take steps to ensure that the policies
and activities of the Institute are coordinated with other
activities of the Federal Government.
``SEC. 276. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated to the
Director $28,700,000 for the fiscal year 1997, and such sums
as may be necessary for each of the fiscal years 1998 through
2002.
``(b) Administration.--Not more than 10 percent of the
funds appropriated under this section for a fiscal year may
be used to pay for the administrative costs of carrying out
this subtitle.
``(c) Sums Remaining Available.--Sums appropriated pursuant
to subsection (a) for
[[Page H11482]]
any fiscal year shall remain available for obligation until
expended.''.
SEC. 212. NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE.
(a) Functions.--Section 5 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1504) is
amended--
(1) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following:
``(b) The Commission shall have the responsibility to
advise the Director of the Institute of Museum and Library
Services on general policies with respect to the duties,
powers, and authority of the Institute of Museum and Library
Services relating to library services, including--
``(1) general policies with respect to--
``(A) financial assistance awarded under the Museum and
Library Services Act for library services; and
``(B) projects described in section 262(a)(4) of such Act;
and
``(2) measures to ensure that the policies and activities
of the Institute of Museum and Library Services are
coordinated with other activities of the Federal Government.
``(c)(1) The Commission shall meet not less than 1 time
each year in a joint meeting with the National Museum
Services Board, convened for purposes of providing advice on
general policy with respect to financial assistance for
projects described in section 262(a)(4) of such Act.
``(2) All decisions by the Commission and the National
Museum Services Board with respect to the advice on general
policy described in paragraph (1) shall be made by a \2/3\
majority vote of the total number of the members of the
Commission and the National Museum Services Board who are
present.
``(3) A majority of the members of the Commission and a
majority of the members of the National Museum Services Board
shall constitute a quorum for the conduct of business at
official joint meetings of the Commission and the National
Museum Services Board.''.
(b) Membership.--Section 6 of the National Commission on
Libraries and Information Science Act (20 U.S.C. 1505) is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Librarian of
Congress'' and inserting ``Librarian of Congress, the
Director of the Institute of Museum and Library Services (who
shall serve as an ex officio, nonvoting member),'';
(B) in the second sentence--
(i) by striking ``special competence or interest in'' and
inserting ``special competence in or knowledge of''; and
(ii) by inserting before the period the following: ``and at
least one other of whom shall be knowledgeable with respect
to the library and information service and science needs of
the elderly'';
(C) in the third sentence, by inserting ``appointive''
before ``members''; and
(D) in the last sentence, by striking ``term and at least''
and all that follows and inserting ``term.''; and
(2) in subsection (b), by striking ``the rate specified''
and all that follows through ``and while'' and inserting
``the daily equivalent of the maximum rate 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 traveltime) during which the members are engaged
in the business of the Commission. While''.
SEC. 213. TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM
SERVICES.
(a) Definitions.--For purposes of this section, unless
otherwise provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(b) Transfer of Functions From the Institute of Museum
Services and the Library Program Office.--There are
transferred to the Director of the Institute of Museum and
Library Services established under section 203 of the Museum
and Library Services Act--
(1) all functions that the Director of the Institute of
Museum Services exercised before the date of enactment of
this section (including all related functions of any officer
or employee of the Institute of Museum Services); and
(2) all functions that the Director of Library Programs in
the Office of Educational Research and Improvement in the
Department of Education exercised before the date of
enactment of this section and any related function of any
officer or employee of the Department of Education.
(c) Determinations of Certain Functions by the Office of
Management and Budget.--If necessary, the Office of
Management and Budget shall make any determination of the
functions that are transferred under subsection (b).
(d) Delegation and Assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this
section, the Director of the Institute of Museum and Library
Services may delegate any of the functions transferred to the
Director of the Institute of Museum and Library Services by
this section and any function transferred or granted to such
Director of the Institute of Museum and Library Services
after the effective date of this section to such officers and
employees of the Institute of Museum and Library Services as
the Director of the Institute of Museum and Library Services
may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate, except
that any delegation of any such functions with respect to
libraries shall be made to the Deputy Director of the Office
of Library Services and with respect to museums shall be made
to the Deputy Director of the Office of Museum Services. No
delegation of functions by the Director of the Institute of
Museum and Library Services under this section or under any
other provision of this section shall relieve such Director
of the Institute of Museum and Library Services of
responsibility for the administration of such functions.
(e) Reorganization.--The Director of the Institute of
Museum and Library Services may allocate or reallocate any
function transferred under subsection (b) among the officers
of the Institute of Museum and Library Services, and may
establish, consolidate, alter, or discontinue such
organizational entities in the Institute of Museum and
Library Services as may be necessary or appropriate.
(f) Rules.--The Director of the Institute of Museum and
Library Services may prescribe, in accordance with chapters 5
and 6 of title 5, United States Code, such rules and
regulations as the Director of the Institute of Museum and
Library Services determines to be necessary or appropriate to
administer and manage the functions of the Institute of
Museum and Library Services.
(g) Transfer and Allocations of Appropriations and
Personnel.--Except as otherwise provided in this section, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this section, subject to section 1531 of title
31, United States Code, shall be transferred to the Institute
of Museum and Library Services. Unexpended funds transferred
pursuant to this subsection shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
(h) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be
necessary with regard to the functions transferred by this
section, and make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property,
records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with such functions, as may be necessary to carry
out this section. The Director of the Office of Management
and Budget shall provide for the termination of the affairs
of all entities terminated by this section and for such
further measures and dispositions as may be necessary to
effectuate the purposes of this section.
(i) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or
compensation for 1 year after the date of transfer of such
employee under this section.
(2) Executive schedule positions.--Except as otherwise
provided in this section, any person who, on the day
preceding the effective date of this section, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the
Institute of Museum and Library Services to a position having
duties comparable to the duties performed immediately
preceding such appointment shall continue to be compensated
in such new position at not less than the rate provided for
such previous position, for the duration of the service of
such person in such new position.
(j) Savings Provisions.--
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official of a Federal agency, or by a court of competent
jurisdiction, in the performance of functions that are
transferred under this section; and
(B) that were in effect before the effective date of this
section, or were final before the effective date of this
section and are to become effective on or after the effective
date of this section;
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
Institute of Museum and Library Services or other authorized
official, a court of competent jurisdiction, or by operation
of law.
(2) Proceedings not affected.--This section shall not
affect any proceedings, including notices of proposed
rulemaking, or any
[[Page H11483]]
application for any license, permit, certificate, or
financial assistance pending before the Institute of Museum
Services on the effective date of this section, with respect
to functions transferred by this section. Such proceedings
and applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken from the orders,
and payments shall be made pursuant to the orders, as if this
section had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law. Nothing in this paragraph shall be
construed to prohibit the discontinuance or modification of
any such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this section had not been
enacted.
(3) Suits not affected.--This section shall not affect
suits commenced before the effective date of this section,
and in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with the
same effect as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Institute of Museum
Services, or by or against any individual in the official
capacity of such individual as an officer of the Institute of
Museum Services, shall abate by reason of the enactment of
this section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Institute
of Museum Services relating to a function transferred under
this section may be continued by the Institute of Museum and
Library Services with the same effect as if this section had
not been enacted.
(k) Transition.--The Director of the Institute of Museum
and Library Services may utilize--
(1) the services of such officers, employees, and other
personnel of the Institute of Museum Services with respect to
functions transferred to the Institute of Museum and Library
Services by this section; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(l) References.--A reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to--
(1) the Director of the Institute of Museum Services with
regard to functions transferred under subsection (b), shall
be deemed to refer to the Director of the Institute of Museum
and Library Services; and
(2) the Institute of Museum Services with regard to
functions transferred under subsection (b), shall be deemed
to refer to the Institute of Museum and Library Services.
(m) Additional Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of Congress and the Director of the
Office of Management and Budget, the Director of the
Institute of Museum and Library Services shall prepare and
submit to the appropriate committees of Congress recommended
legislation containing technical and conforming amendments to
reflect the changes made by this section.
(2) Submission to congress.--Not later than 6 months after
the effective date of this section, the Director of the
Institute of Museum and Library Services shall submit to the
appropriate committees of Congress the recommended
legislation referred to under paragraph (1).
SEC. 214. SERVICE OF INDIVIDUALS SERVING ON DATE OF
ENACTMENT.
Notwithstanding section 204 of the Museum and Library
Services Act, the individual who was appointed to the
position of Director of the Institute of Museum Services
under section 205 of the Museum Services Act (as such section
was in effect on the day before the date of enactment of this
Act) and who is serving in such position on the day before
the date of enactment of this Act shall serve as the first
Director of the Institute of Museum and Library Services
under section 204 of the Museum and Library Services Act (as
added by section 211 of this title), and shall serve at the
pleasure of the President.
SEC. 215. CONSIDERATION.
Consistent with title 5, United States Code, in appointing
employees of the Office of Library Services, the Director of
the Institute of Museum and Library Services shall give
strong consideration to individuals with experience in
administering State-based and national library and
information services programs.
SEC. 216. TRANSITION AND TRANSFER OF FUNDS.
(a) Transition.--The Director of the Office of Management
and Budget shall take appropriate measures to ensure an
orderly transition from the activities previously
administered by the Director of Library Programs in the
Office of Educational Research and Improvement in the
Department of Education to the activities administered by the
Institute for Museum and Library Services under this title.
Such measures may include the transfer of appropriated funds.
(b) Transfer.--The Secretary of Education shall transfer to
the Director the amount of funds necessary to ensure the
orderly transition from activities previously administered by
the Director of the Office of Library Programs in the Office
of Educational Research and Improvement in the Department of
Education to the activities administered by the Institute for
Museum and Library Services. In no event shall the amount of
funds transferred pursuant to the preceding sentence be less
than $200,000.
TITLE III--HIGHER EDUCATION
Subtitle A--Debt Reduction
SEC. 301. UNSUBSIDIZED STUDENT LOANS.
(a) Amendment.--Paragraph (1) of section 428H(f) of the
Higher Education Act of 1965 (20 U.S.C. 1078-8(f)(1)) is
amended to read as follows:
``(1) Amount of origination fee.--Except as provided in
paragraph (5), an origination fee shall be paid to the
Secretary with respect to each loan under this section in the
amount of 3.0 percent of the principal amount of the loan.
Each lender under this section is authorized to charge the
borrower for such origination fee, provided that the lender
assesses the same fee to all student borrowers. Any such fee
charged to the borrower shall be deducted proportionately
from each installment payment of the proceeds of the loan
prior to payment to the borrower.''.
(b) Conforming Amendments.--Section 428H(f) of such Act is
further amended--
(1) in paragraph (3), by striking ``the origination fee''
and inserting ``any origination fee that is charged to the
borrower'';
(2) in paragraph (4), by striking ``origination fees
authorized to be collected from borrowers'' and inserting
``origination fees required under paragraph (1)''; and
(3) by adding at the end the following new paragraph:
``(6) Exception.--Notwithstanding paragraph (1), a lender
may assess a lesser origination fee for a borrower
demonstrating greater financial need as determined by such
borrower's adjusted gross family income.''.
(c) Report on Competitive Allocation.--Within 60 days after
the date of enactment of this Act, the Secretary of Education
shall submit to each House of the Congress a legislative
proposal that would permit the Secretary to allocate the
right to make subsidized and unsubsidized student loans on
the basis of competitive bidding. Such proposal shall include
provision to ensure that any payments received from such
competitive bidding are equally allocated to deficit
reduction and to pro rata reduction of origination fees in
both guaranteed and direct student loans.
SEC. 302. STUDY OF LOAN FEES.
(a) Study Required.--The Secretary of Education shall
conduct a statistical analysis of the subsidized and
unsubsidized student loan programs under part B of title IV
of the Higher Education Act of 1965 to gather data on
lenders' use of loan fees and to determine if there are any
anomalies that would indicate any institutional, programmatic
or socioeconomic discrimination in the assessing or waiving
such fees.
(b) Report.--The Secretary of Education shall submit to
each House of the Congress a report on the study required by
subsection (a) within 2 years after the date of enactment of
this Act.
(c) Statistical Characteristics To Be Studied.--In
conducting the study required by subsection (a), the
Secretary of Education shall compare recipients of loans on
the basis of income, residence location, type and location of
higher education, program of instruction and type of lender.
Subtitle B--Financial Responsibility Standards
SEC. 311. EXTENSION OF PUBLIC COMMENT PERIOD.
The Secretary of Education shall extend until December 1,
1996, the period for public comment on rules published in the
Federal Register on September 20, 1996 (61 Fed. Reg. 49552),
relating to financial responsibility standards for
institutions participating in higher education programs (34
C.F.R. part 668). The Secretary shall publish such rules in
final form by February 1, 1997. Notwithstanding section
482(c) of the Higher Education Act of 1965 (20 U.S.C.
1089(c)), such rules shall, if so published by such date, be
effective for award year 1997-98.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Goodling] and the gentleman from Montana [Mr.
Williams] each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, today we are considering S. 1972, a bill which makes
technical amendments to the Older Americans Act. In the waning days of
this Congress, we have added a number of other legislative provisions
that we believe are of great importance to parents, children, and
families.
I want to also take this opportunity on the floor today to alert the
other body that these provisions are important to the House and must be
enacted into law prior to adjournment.
Briefly, let me describe the provisions contained in this bill. Let
me begin with the Older Americans Act Technical Amendments which the
other body has sent to the House and expects to be enacted into law
during
[[Page H11484]]
this session. This bill clarifies certain provisions of the Older
Americans Act to provide more flexibility to Indian tribal applicants
in meeting certain application and reporting requirements. In general,
they would allow the Assistant Secretary for Aging to take into
consideration the unique cultural and geographical circumstances facing
American Indian and Alaska Native populations. As a result, tribes will
be able to tailor supportive and nutrition services to better meet the
diverse needs of American Indian and Alaska Native communities. Strict
accountability standards would be also retained to ensure results.
The provisions that we have attached to S. 1972 have all previously
passed this House and include the following:
H.R. 3863, the Student Debt Reduction Act which passed the House 2
weeks ago by a vote of 414 to 1. At a time when students and parents
everywhere are worrying about paying for college, every extra dollar
becomes more and more important. This bill is designed to make college
more affordable for students, make no mistake about it. The first and
most important thing this bill does is lower costs for students. This
technical correction simply allows lenders or others to pay the
origination fees on behalf of students who borrow unsubsidized Stafford
loans. This benefit is already available to students borrowing
subsidized Stafford loans. The correction has no cost to the Federal
Government. It specifically prohibits any discrimination on the part of
lenders when offering programs that reduce a student's origination
fees. It increases competition in the student loan program among
lenders and is clearly the right thing to do. Let me make it perfectly
clear: The House will not consider this legislation if it comes back
and does not include the Student Debt Reduction Act.
The House has also added a provision to strengthen and improve the
Federal commitment to this Nation's libraries and museums. This
provision will streamline and consolidate Federal library programs into
a more efficient, more flexible, and easier-to-use singular Federal
program. This newer, more modern library program will help bring our
Nation's libraries into the next century by ensuring that all libraries
have access to new technologies, are better able to share resources,
and can better serve our citizens, including the disadvantaged and
those with special needs.
This legislation will increase cooperation between libraries and
museums by placing management of these programs in the Institute of
Museums and Library Services, to be headed on an alternating basis by
someone with expertise in museums or libraries. Today, libraries and
museums are beginning to cooperate to improve the services that both
provide. This bill will foster this cooperation, and our Nation's
libraries and museums will be the better for it.
One-year extensions for the National Literacy Act, the Adult
Education and Literacy Act, and the Carl D. Perkins Vocational and
Applied Technology Act. Along with the extension of the Adult Education
Act for 1 year we have included one important change to clarify that
funds under the Adult Education Act may be used for family literacy
programs.
This bill also authorizes the National Institute for Literacy and
revises current law to allow the Institute to more effectively assist
with national efforts to improve the literacy level of our country's
citizens. If we are going to effectively reduce the number of adults
who are illiterate, we must work with families. Children with parents
who can help them with their school work have a greater likelihood of
succeeding in school. Family literacy programs provide adults with the
education and parenting skills necessary to help their children succeed
in school. While some States do use their adult education funds for
family literacy programs, it is important that we amend current law to
clarify that this is an allowable use of funds.
All of these are important provisions which have bipartisan support
but for some reason cannot get through the other body. It is my hope
that in these waning days the other body will pass this legislation
that we are sending them and enact all of these provisions into law. I
urge my colleagues in the Senate to pass this bill and send it to the
President to enact into law. I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. WILLIAMS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I join the chairman of the full committee, the
distinguished gentleman and my friend from Pennsylvania, in supporting
S. 1972, the Older American Indian Technical Amendments Act. under the
Older Americans Act, grants are provided to native Americans and Native
Hawaiian organizations to provide a range of services that allow native
American elders to live longer with dignity and independence in their
communities and on their reservations, and this bill is Congress'
continual effort to simply enhance that dignity and independence.
The bill modifies the definition of reservation to clarify that
tribes in Oklahoma and California, as well as Alaska Native
communities, represented by our friend Chairman Young, are eligible to
provide critically needed nutrition and support services to their
native Americans. As the gentleman from Pennsylvania has mentioned,
this bill tailors support services to better address the needs of
Indian people living in very rural areas, and I have such native
Americans in tribes in my State of Montana.
Additionally, the bill provides that the Assistant Secretary for
Aging may waive or exempt certain reporting requirements for tribal
applicants in these isolated areas. The flexibility provided under this
bill will better allow native American elders to receive critically
needed nutrition and social services. However, and this is important,
the bill still maintains strict accountability standards for all
program applicants, including native Americans.
This bill also contains provisions establishing the Library Services
and Technology Act. This authority creates a new Institute for Museum
and Library Services that will integrate our Federal library and museum
programs, to consolidate funds, and hopefully promote increased
cooperation between libraries and museums across America.
This new partnership, we are hopeful, will focus funds on assisting
libraries in acquiring new technologies and increasing access to
library services for individuals with special needs, including
America's children.
This new merger, by the way, was developed in cooperation with and
strongly supported by the American Library Association, of which I am a
member, the U.S. Commission on Libraries and Information Sciences, and
the Institute of Museum Services, of which this Congress is justifiably
proud.
This bill contains an extension of a specific Department of Education
comment period for regulations dealing with financial responsibility
standards without delaying the implementation of those regulations. The
House is hopeful that this will allow additional input from the higher
education community and give the department additional time to consider
their suggestions before issuing final regulations.
{time} 1600
This package also contains a 1-year extension of the Adult Education
Act, the Carl Perkins Vocational Education Act, and the National
Institute for Literacy.
I was hopeful, as were my colleagues on this side of the aisle, that
it would also contain a reauthorization of the National Environmental
Education Act. However, there was contention and disagreement,
particularly from our Republican colleagues, to reauthorize the
National Environmental Education Act, despite the good attempts of the
sponsor of this reauthorization, the gentleman from Michigan [Mr.
Kildee].
The Democrats want to express our concern that the National
Environmental Education Act will expire because of this action. We were
hopeful to continue an appropriate, although small, but important
Federal role in environmental education. Because it is not in this
bill, the act will apparently expire, and I express on behalf of my
Democratic colleagues our objection to that.
I want to thank the gentleman from Pennsylvania, Chairman Goodling,
and the others for their work on the American Indian Technical
Amendments Act.
[[Page H11485]]
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLING. Mr. Speaker, I yield 2 minutes to the gentleman from
Alaska [Mr. Young].
Mr. YOUNG of Alaska. Mr. Speaker, I thank the gentleman for yielding
this time to me.
I rise in strong support of this legislation. My special interest in
it is the Older Americans Indian technical fix. The bill clarifies
certain provisions of the Older Americans Act to provide more
flexibility to Indian tribal applicants in meeting application
reporting requirements.
It allows the Assistant Secretary for Aging to take into
consideration the unique cultural and geographical circumstances facing
the American Indians and the Alaskan Native populations, thus allowing
the tribes to tailor supportive and nutrition services to better meet
the diverse needs of the American Indian and Alaskan Native
communities.
Strict accountability, though, will still be retained, and standards
will be retained. I think it is a great provision for this legislation,
and I want to compliment the gentleman for bringing it to the floor.
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I do want to say, in relationship to the Environmental
Education Act, all of us 5 years ago had agreed, and I made a powerful
closing speech at the end of those 5 years, we want to make sure that
the private sector understands that they will pick it up.
Mr. Speaker, I want to take this closing time to honor one who
decided to leave this body. The gentleman from Wyoming [Mr. Williams]
has served for a long time in the Congress of the United States. An
awful lot of young people, parents, colleges, universities, Native
Americans, owe him a great deal of thanks for all of his efforts.
I can remember many times and many hours that he spent trying to
reauthorize a Higher Education Act that would be far better than the
act that we had before.
And of course Native Americans truly owe him a debt of gratitude
because he and the gentleman from Michigan [Mr. Kildee], a few others
who were there, and the gentleman from Alaska [Mr. Young], were the
staunchest supporters to provide a better way of life for our Native
Americans.
So on this side of the aisle, we thank the gentleman from Wyoming
[Mr. Williams] for all his efforts on behalf of children and parents.
Mr. Speaker, I reserve the balance of my time.
Mr. WILLIAMS. Mr. Speaker, I yield myself such time as I may consume.
I will close on this side by primarily thanking the chairman of the
Committee on Economic and Educational Opportunities for his long and
continuing service, and especially acknowledge what a pleasure it has
been to serve with the gentleman from Pennsylvania, Bill Goodling,
particularly, and his remarks today are very generous, and I am
appreciative of them.
I also want to thank the gentleman on behalf of the Members on this
side for all his years of service, which are, most likely, continuing.
It has been a specific enjoyment for me to work with him during the
past nine terms that I have served on that committee.
Mr. Speaker, I encourage my colleagues to support this legislation
with no objection.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLING. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Hastings of Washington). The question is
on the motion offered by the gentleman from Pennsylvania [Mr. Goodling]
that the House suspend the rules and pass the Senate bill, S. 1972, as
amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
A motion to reconsider was laid on the table.
____________________