[Congressional Record Volume 149, Number 59 (Friday, April 11, 2003)]
[Senate]
[Pages S5345-S5349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GREGG (for himself, Mr. Reed, Mr. Frist, Mr. Kennedy, Mr. 
        Enzi, Mr. Jeffords, Mr. Alexander, Mr. Edwards, Mr. DeWine, 
        Mrs. Clinton, Ms. Collins Mr. Cochran, Mr. Smith, Mr. Dodd, and 
        Mr. Schumer):
  S. 888. A bill to reauthorize the Museum and Library Services Act, 
and for other purposes; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. GREGG. Mr. President, today I rise to introduce legislation 
reauthorizing the Museum and Library Services Act. I am joined in this 
effort by Senator Reed, Senator Frist, Senator Kennedy, Senator Enzi, 
and several other colleagues of mine. Libraries and museums serve as 
important cultural institutions in communities throughout our Nation, 
and this legislation will provide them with continued Federal support 
through innovative grant programs administered by the Institute of 
Museum and Library Services.
  Specifically, this bill authorizes $250 million for libraries and 
$41.5 million for museums in 2004, and such sums as necessary in 2005 
through 2009. In addition, it authorizes a doubling of the minimum 
state allotment under the Grants to State Library Agencies Program, up 
to $680,000. That provision, coupled with the expected increase in 
appropriations for 2004, will greatly benefit New Hampshire's 
libraries.
  The bill contains a number of other important provisions. Recognizing 
the important of school libraries, it requires that the Institute's 
library activities be coordinated with the school library provisions of 
the No Child Left Behind Act. My bill also prohibits projects 
determined to be obscene from receiving Federal funds, requires the 
Institute to conduct analyses of the need for museum and library 
services and the effectiveness of funded projects in meeting those 
needs, consolidates the library and museum advisory boards into one 
entity, and prohibits funds appropriate under the Act's authority from 
being used for library or museum construction.
  furthermore, this bill increases the indemnity limits in the Arts and 
Artifacts Indemnity Act, thereby facilitating the international 
exchange and display of works of art, books, rare documents and other 
published materials, artifacts, and films and other audiovisual media. 
This will ensure that people throughout the world are exposed to 
American culture and that our own citizens will have richer educational 
opportunities available as well.
  I want to thank Senator Reed for his leadership on this issue, as 
well as Senator Frist, Senator Kennedy, and Senator Enzi, particularly. 
Together we have crafted a bipartisan bill that will serve our museums 
and libraries well in the coming years. I expect to move this bill 
through the HELP Committee soon, and look forward to its speedy 
passage.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 888

       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.

[[Page S5346]]

 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).

[[Page S5347]]

       ``(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

[[Page S5348]]

       (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'';

[[Page S5349]]

       (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.

  Mr. REED. Mr. President, today I rise to join Senators Gregg, 
Kennedy, Frist, and others in introducing the Museum and Library 
Services Act.
  This legislation, which extends the authorization of museum and 
library services through fiscal year 2009 and makes several important 
improvements to current law, is a compromise based on S. 238, 
bipartisan legislation I introduced with Senators Kennedy, Cochran, 
Collins, Snowe, and others in January.
  Like S. 238, this bill ensures that library activities are 
coordinated with the school library program I authored, which is now 
part of the No child Left Behind Act of 2001. It also doubles the 
minimum State allotment under the Library Program, which will enable 
smaller States such as Rhode Island to benefit and implement the 
valuable services and programs that larger States have been able to put 
in place. It includes an increase in the indemnity limits under the 
Arts and Artifacts Indemnity Act to ensure continued support for 
American museums as they facilitate international cultural exchanges 
through touring exhibitions here in the U.S. and loans of American art 
around the world.
  The bill also updates the uses of funds for library and museum 
programs and increases the authorization under the Library services and 
Technology Act, LSTA, from $150 million to $250 million and the Museum 
Services Act from $28.7 million to $41.5 million. We should meet these 
funding levels in the appropriations process due to the strong 
bipartisan nature of the bill we are introducing today. I personally 
believe that our libraries and museums should be more robustly funded, 
particularly as these institutions play increasingly important roles in 
our lives. Indeed, the bipartisan bill that Senator Kennedy and I put 
forward earlier this year included even higher funding levels. But, in 
an effort to move this bill forward, I have agreed to support this 
compromise.
  I urge my colleagues to cosponsor this important legislation and work 
for its swift passage.
                                 ______