[Congressional Record Volume 156, Number 153 (Monday, November 29, 2010)]
[Senate]
[Pages S8245-S8250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 3982. A bill to amend the limitation on liability for certain
passenger rail accidents or incidents under section 28103 of title 49,
United States Code, and for other purposes; to the Committee on
Commerce, Science, and Transportation.
Mrs. FEINSTEIN. Mr. President, I rise to introduce a bill to raise
the cap on rail liability in cases of gross negligence. This bill was
originally introduced in the House of Representatives by Congressman
Elton Gallegly of the 24th District of California, and I thank him for
all of his hard work on it.
When Congress passed the Amtrak Reform and Accountability Act in
1997, it included a small provision imposing a strict cap on liability
in railroad crashes. The cap is now contained in 49 U.S.C. Sec. 28103
and states that the ``aggregate allowable awards to all rail
passengers, against all defendants, for all claims, including claims
for punitive damages, arising from a single accident or incident, shall
not exceed $200,000,000.''
What this means is that regardless of the circumstances no matter how
many people are killed or injured in a train crash, and no matter what
caused the crash total liability for all of the passengers hurt or
killed in the crash cannot exceed $200 million.
The problem is that when a real catastrophe occurs, this number is
just not sufficient and there is no way around it.
Let me tell you what happened 2 years ago in California.
On September 12, 2008, a commuter train in Chatsworth, California
carrying more than 200 people crashed head-on into a freight train.
The carnage from this crash was unspeakable. Twenty-five people were
killed. Their bodies, many torn to pieces, had to be extracted from
heaps of steel and wreckage.
Another 101 people were injured. Volunteers and rescue crews worked
that day to help pull them from the wreckage. Emergency response
agencies transported over 100 people to hospitals. Their injuries
ranged from blood in the brain and collapsed lungs to bone fractures,
gashes, and scratches.
For some people, the crash was a horrible, harrowing experience, but
they have been able to return to the lives they had before.
For others, the families of the 25 people who died and for those who
suffered the most serious of injuries, life will never be the same.
According to the final report of the National Transportation Safety
Board, NTSB, no unexpected equipment malfunction or weather problem was
responsible for this crash.
The National Transportation Safety Board report states: ``the
probable cause of the September 12, 2008, collision was the failure of
the Metrolink engineer to observe and appropriately respond to the red
signal because he was engaged in text messaging that distracted him
from his duties.''
The NTSB found, in other words, that the engineer wasn't paying
attention, and he sailed through a red signal, crashing head-on into
the freight train. In fact, the report finds that he was so busy
texting that he never even hit the brakes.
According to the report, on the day of the crash, the engineer sent
21 text messages, received 20 text messages, and made four outgoing
telephone calls while he was driving the train.
NTSB wrote,
the investigation further revealed that this amount of
activity was not unusual for this engineer. Wireless records
for the 7 days preceding the accident showed that on each
workday, the engineer had sent or received text messages or
made voice calls during the time he was responsible for
operating a train. Two days before the accident, he sent or
received about 125 messages during the time he was
responsible for operating a train. He had also made phone
calls during these periods.
Astoundingly, the NTSB found that ``the content of all of the
engineer's text messages over the previous 7 days, including those
during and outside the times the engineer was responsible for operating
a train, indicated that the engineer and, a teenage boy, had been
coordinating to allow, the teenage boy, to operate, Metrolink, train
111 on the evening of the accident.''
Although texting while driving the train was clearly prohibited under
the operating rules of Veolia Transportation, who employed and oversaw
the engineer under contract with Metrolink, this engineer had been
violating these ruled habitually and had not been stopped.
The conductor who worked with the engineer on Metrolink train 111
observed him using his cell phone while driving the train a month
before the accident. According to NTSB, ``He said he spoke to the
engineer about it and he later brought the incident to the attention of
a supervisor.'' But the behavior obviously continued.
Bottom line: The report says the engineer wasn't paying attention to
the passengers' safety, he was sending text messages on his cell phone,
and no one else took action to stop this dangerous behavior. As a
result, 25 people died.
This is unbelievable. And it is unacceptable.
Since the Chatsworth Crash, I have worked to improve rail safety. In
October 2008, Congress passed and the President signed the ``Rail
Safety Improvement Act,'' which included a key provision that I
strongly pushed requiring
[[Page S8246]]
mandatory collision-avoidance systems on America's major passenger,
commuter, and freight lines.
But this $200 million liability cap remains in place.
That means that under current law, the train operator, Metrolink, and
the company that hired and oversaw the engineer, Veolia, believe they
only have to pay $200 million total to all of the victims of the
Chatsworth crash and their families.
It doesn't matter how tragic the families' losses were. Or how high
the survivors' medical bills are. Or how much has been lost in their
ability to work and care for their families. The cap is $200 million
total, regardless of the circumstances.
This is terrible public policy, should never have been adopted, and
needs to be changed.
In a large crash involving hundreds of people and very serious
injuries, a court needs to be able to award the damages that it finds
are necessary to care for the victims and their families--to pay their
medical bills and to compensate for wages they will never again be able
to earn.
The bill I am introducing is straightforward. It would raise the
liability cap in any case where a court finds gross negligence or
willful misconduct to $500 million. And it would do so retroactively to
ensure that those who were injured or whose family members were killed
are not unfairly deprived of the benefits of what was really the right
policy in the first place.
I understand that the rail industry believes that the cap on damages
keeps their insurance costs and risk exposure down, and I appreciate
all the feedback that has been provided by California's passenger rail
systems.
I look forward to working with them to make sure this legislation
will not have any unintended consequences. I do not expect this bill to
be considered and enacted this week. Facing that reality, I will work
with the interested parties, including California High Speed Rail
Authority and CalTrain, to further refine this legislation. There will
be an opportunity to introduce an improved product as a ``first day
bill'' in the next Congress.
But I believe we must do everything we can first to improve safety on
our rail lines and second to ensure that when the very worst occurs and
people are injured or lose their lives in these accidents, they and
their families are fairly compensated.
I urge my colleagues to work with me to amend this law and raise the
cap in cases of gross negligence.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3982
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ACCIDENT LIABILITY.
(a) Amendments.--Section 28103 of title 49, United States
Code, is amended--
(1) in subsection (a)(2), by striking ``The aggregate'' and
inserting ``Except as provided in paragraph (3), the
aggregate'';
(2) by adding at the end of subsection (a) the following:
``(3) The liability cap under paragraph (2) shall be
$500,000,000 if the accident or incident was proximately
caused by gross negligence or willful misconduct of the
defendant. Such amount shall be adjusted annually by the
Secretary of Transportation to reflect changes in the
Consumer Price Index-All Urban Consumers.''; and
(3) in subsection (c), by striking ``$200,000,000'' and
inserting ``$500,000,000''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective for any passenger rail accident or
incident occurring on or after September 12, 2008.
______
By Mr. REED- (for himself, Mr. Enzi, Mr. Harkin, and Mr. Burr):
S. 3984. A bill to amend and extend the Museum and Library Services
Act, and for other purposes; to the Committee on Health, Education,
Labor, and Pensions.
Mr. REED. Mr. President, today I am pleased to be joined by my
colleagues on the Health, Education, Labor, and Pensions Committee--
Chairman Harkin, Ranking Member Enzi, and Senator Burr in introducing
the Museum and Library Services Act of 2010.
Together our offices worked to craft a bipartisan bill that updates
museum and library services funded through the Institute for Museum and
Library Services, IMLS, to better meet the needs of Americans of all
ages and in all types of locations.
The Museum and Library Services Act was first enacted in 1996, and my
predecessor, the late Senator Claiborne Pell, was instrumental in its
development and enactment. This law established IMLS, an independent
Federal agency, to oversee funding and programs authorized under the
law's two main subtitles, the Library Services and Technology Act,
LSTA, and the Museum Services Act.
Libraries and museums are rich centers of learning, woven into the
fabric of our communities, big and small, urban and rural.
Libraries are not just places to read and borrow books or for parents
to bring their children for story time. During the economic recession,
even as libraries are being forced to do more with less, more and more
people are also turning to their public libraries for access to
information and the Internet, job search and training programs, and
business development help.
As noted in the new report, ``Opportunity for All: How the American
Public Benefits from Internet Access at U.S. Libraries,'' nearly half
of the 169 million visitors to public libraries over the past year used
a library computer to connect to the Internet during their visit.
Accessing information on education, employment, and health were most
commonly cited for this computer and Internet usage.
Museums also provide 21st century learning opportunities, while
connecting communities to the culture, science, art, and events that
make up humankind's history. The estimated 17,500 museums in the United
States reflect the great diversity of our nation. They are large and
small; urban and rural; local, national, and international; and include
aquariums, arboretums, historical societies, nature centers, zoos,
planetariums, art museums, and many other types of museums.
Museums contribute to the quality of life and the economic
development of their home communities. They are key partners in
offering hands-on, self directed learning for students of all ages.
They draw tourism, which contributes to local economies.
The Museum and Library Services Act represents our national
commitment to these institutions that are essential to building strong
and vibrant communities. Through a relatively modest federal
investment, this law helps build capacity to support and expand access
to library and museum services at the state and local level.
In Rhode Island, library funding has supported improved online
resources; literacy initiatives, including a summer reading program;
and the provision of talking books to residents with visual impairments
and disabilities. Through museum funding, the Museum of Art at the
Rhode Island School of Design, the Preservation Society of Newport, and
the Blithewold Mansion, Gardens, and Arboretum have all received
support this past year.
The legislation we are introducing updates the law to reflect the
education and workforce development role libraries have been playing,
including helping the out-of-work look for jobs, equipping business
owners with data to make informed business decisions, and helping young
and old alike gain critical digital literacy skills--the skills that
help to discern fact from fiction when using the Internet.
Our bill will also help enhance training and professional development
for librarians and ensure the development of a diverse library
workforce, including by authorizing the Laura Bush 21st Century
Librarian program, which has been previously funded through annual
appropriations.
It will help build state capacity to support museums by authorizing
IMLS to support state assessments of museum services and the
development and implementation of state plans to improve and enhance
those services. Our bill will also strengthen conservation and
preservation efforts.
Additionally, it seeks to fully leverage the role of libraries and
museums in supporting the learning, educational, and workforce
development needs of Americans by requiring IMLS to improve
coordination and collaboration with other federal agencies that
[[Page S8247]]
also have an interest in and responsibilities for the improvement of
museum and libraries and information services.
I thank my colleagues for joining me in this endeavor and urge the
Senate to take quick action to adopt this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3984
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Museum and
Library Services Act of 2010''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I--GENERAL PROVISIONS
Sec. 101. General definitions.
Sec. 102. Responsibilities of Director.
Sec. 103. Personnel.
Sec. 104. Board.
Sec. 105. Awards and medals.
Sec. 106. Research and analysis.
Sec. 107. Hearings.
Sec. 108. Administrative funds.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Sec. 201. Purposes.
Sec. 202. Authorization of appropriations.
Sec. 203. Reservations and allotments.
Sec. 204. State plans.
Sec. 205. Grants.
Sec. 206. Grants, contracts, or cooperative agreements.
Sec. 207. Laura Bush 21st Century Librarian Program.
Sec. 208. Conforming amendments.
TITLE III--MUSEUM SERVICES
Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Authorization of appropriations.
TITLE IV--REPEAL OF THE NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE ACT
Sec. 401. Repeal.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Museum and Library Services Act (20
U.S.C. 9101 et seq.).
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITIONS.
Section 202 (20 U.S.C. 9101) is amended--
(1) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Digital literacy skills.--The term `digital literacy
skills' means the skills associated with using technology to
enable users to find, evaluate, organize, create, and
communicate information.''.
SEC. 102. RESPONSIBILITIES OF DIRECTOR.
Section 204 (20 U.S.C. 9103) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Duties and Powers.--
``(1) Primary responsibility.--The Director shall have
primary responsibility for the development and implementation
of policy to ensure the availability of museum, library, and
information services adequate to meet the essential
information, education, research, economic, cultural, and
civic needs of the people of the United States.
``(2) Duties.--In carrying out the responsibility described
in paragraph (1), the Director shall--
``(A) advise the President, Congress, and other Federal
agencies and offices on museum, library, and information
services in order to ensure the creation, preservation,
organization, and dissemination of knowledge;
``(B) engage Federal, State, and local governmental
agencies and private entities in assessing the museum,
library, and information services needs of the people of the
United States, and coordinate the development of plans,
policies, and activities to meet such needs effectively;
``(C) carry out programs of research and development, data
collection, and financial assistance to extend and improve
the museum, library, and information services of the people
of the United States; and
``(D) ensure that museum, library, and information services
are fully integrated into the information and education
infrastructures of the United States.'';
(2) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively; and
(3) by striking subsection (e) and inserting the following:
``(e) Interagency Agreements.--The Director may--
``(1) enter into interagency agreements to promote or
assist with the museum, library, and information services-
related activities of other Federal agencies, on either a
reimbursable or non-reimbursable basis; and
``(2) use funds appropriated under this Act for the costs
of such activities.
``(f) 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. Where appropriate, the Director shall ensure that
such policies and activities are coordinated with--
``(1) activities under section 1251 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6383);
``(2) programs and activities under the Head Start Act (42
U.S.C. 9831 et seq.) (including programs and activities under
subparagraphs (H)(vii) and (J)(iii) of section 641(d)(2) of
such Act) (42 U.S.C. 9836(d)(2));
``(3) activities under the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.) (including activities under section
134(c) of such Act) (29 U.S.C. 2864(c)); and
``(4) Federal programs and activities that increase the
capacity of libraries and museums to act as partners in
economic and community development, education and research,
improving digital literacy skills, and disseminating health
information.
``(g) Interagency Collaboration.--The Director shall work
jointly with the individuals heading relevant Federal
departments and agencies, including the Secretary of Labor,
the Secretary of Education, the Administrator of the Small
Business Administration, the Chairman of the Federal
Communications Commission, the Director of the National
Science Foundation, the Secretary of Health and Human
Services, the Secretary of State, the Administrator of the
Environmental Protection Agency, the Secretary of the
Interior, the Secretary of Housing and Urban Development, the
Chairman of the National Endowment for the Arts, the Chairman
of the National Endowment of the Humanities, and the Director
of the Office of Management and Budget, or the designees of
such individuals, on--
``(1) initiatives, materials, or technology to support
workforce development activities undertaken by libraries;
``(2) resource and policy approaches to eliminate barriers
to fully leveraging the role of libraries and museums in
supporting the early learning, literacy, lifelong learning,
digital literacy, workforce development, and education needs
of the people of the United States; and
``(3) initiatives, materials, or technology to support
educational, cultural, historical, scientific, environmental,
and other activities undertaken by museums.''.
SEC. 103. PERSONNEL.
Section 206 (20 U.S.C. 9105) is amended--
(1) by striking paragraph (2) of subsection (b) and
inserting the following:
``(2) Number and compensation.--
``(A) In general.--The number of employees appointed and
compensated under paragraph (1) shall not exceed \1/5\ of the
number of full-time regular or professional employees of the
Institute.
``(B) Rate of compensation.--
``(i) In general.--Except as provided in clause (ii), the
rate of basic compensation for the employees appointed and
compensated under paragraph (1) may not exceed the rate
prescribed for level GS-15 of the General Schedule under
section 5332 of title 5, United States Code.
``(ii) Exception.--The Director may appoint not more than 3
employees under paragraph (1) at a rate of basic compensation
that exceeds the rate described in clause (i) but does not
exceed the rate of basic pay in effect for positions at level
IV of the Executive Schedule under section 5315 of title 5,
United States Code.''; and
(2) by adding at the end the following:
``(d) Experts and Consultants.--The Director may use
experts and consultants, including panels of experts, who may
be employed as authorized under section 3109 of title 5,
United States Code.''.
SEC. 104. BOARD.
Section 207 (20 U.S.C. 9105a) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and (F) as
subparagraphs (D) and (E), respectively;
(B) in paragraph (2)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``(1)(E)'' and inserting ``(1)(D)''; and
(ii) in the matter preceding clause (i) of subparagraph
(B), by striking ``(1)(F)'' and inserting ``(1)(E)''; and
(C) in paragraph (4)--
(i) by inserting ``and'' after ``Library Services,''; and
(ii) by striking ``, and the Chairman of the National
Commission on Library and Information Science'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Except as otherwise provided in this
subsection, each'' and inserting ``Each''; and
(ii) by striking ``(E) or (F)'' and inserting ``(D) or
(E)''; and
(B) in paragraph (2), by striking ``Initial board
appointments.--'' and all that follows through ``The terms of
the first members'' and inserting the following: ``Authority
to adjust terms.--The terms of the members'';
(3) in subsection (d)--
[[Page S8248]]
(A) in paragraph (1), by striking ``relating to museum and
library services, including financial assistance awarded
under this title'' and inserting ``relating to museum,
library, and information services''; and
(B) by striking paragraph (2) and inserting the following:
``(2) National awards and medals.--The Museum and Library
Services Board shall advise the Director in awarding national
awards and medals under section 209.''; and
(4) in subsection (i), by striking ``take steps to ensure
that the policies and activities of the Institute are
coordinated with other activities of the Federal Government''
and inserting ``coordinate the development and implementation
of policies and activities as described in subsections (f)
and (g) of section 204''.
SEC. 105. AWARDS AND MEDALS.
Section 209 (20 U.S.C. 9107) is amended to read as follows:
``SEC. 209. AWARDS AND MEDALS.
``The Director, with the advice of the Museum and Library
Services Board, may annually award national awards and medals
for library and museum services to outstanding libraries and
museums that have made significant contributions in service
to their communities.''.
SEC. 106. RESEARCH AND ANALYSIS.
Section 210 (20 U.S.C. 9108) is amended to read as follows:
``SEC. 210. POLICY RESEARCH, ANALYSIS, DATA COLLECTION, AND
DISSEMINATION.
``(a) In General.--The Director shall annually conduct
policy research, analysis, and data collection to extend and
improve the Nation's museum, library, and information
services.
``(b) Requirements.--The policy research, analysis, and
data collection shall be conducted in ongoing collaboration
(as determined appropriate by the Director), and in
consultation, with--
``(1) State library administrative agencies;
``(2) national, State, and regional library and museum
organizations; and
``(3) other relevant agencies and organizations.
``(c) Objectives.--The policy research, analysis, and data
collection shall be used to--
``(1) identify national needs for and trends in museum,
library, and information services;
``(2) measure and report on the impact and effectiveness of
museum, library, and information services throughout the
United States, including the impact of Federal programs
authorized under this Act;
``(3) identify best practices; and
``(4) develop plans to improve museum, library, and
information services of the United States and to strengthen
national, State, local, regional, and international
communications and cooperative networks.
``(d) Dissemination.--Each year, the Director shall widely
disseminate, as appropriate to accomplish the objectives
under subsection (c), the results of the policy research,
analysis, and data collection carried out under this section.
``(e) Authority To Contract.--The Director is authorized--
``(1) to enter into contracts, grants, cooperative
agreements, and other arrangements with Federal agencies and
other public and private organizations to carry out the
objectives under subsection (c); and
``(2) to publish and disseminate, in a form determined
appropriate by the Director, the reports, findings, studies,
and other materials prepared under paragraph (1).
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $3,500,000 for fiscal year 2011 and
such sums as may be necessary for each of the fiscal years
2012 through 2016.
``(2) Availability of funds.--Sums appropriated under
paragraph (1) for any fiscal year shall remain available for
obligation until expended.''.
SEC. 107. HEARINGS.
Subtitle A (20 U.S.C. 9101 et seq.) is amended by adding at
the end the following:
``SEC. 210B. HEARINGS.
``The Director is authorized to conduct hearings at such
times and places as the Director determines appropriate for
carrying out the purposes of this subtitle.''.
SEC. 108. ADMINISTRATIVE FUNDS.
Subtitle A (20 U.S.C. 9101 et seq.), as amended by section
107, is further amended by adding at the end the following:
``SEC. 210C. ADMINISTRATIVE FUNDS.
``Notwithstanding any other provision of this Act, the
Director shall establish one account to be used to pay the
Federal administrative costs of carrying out this Act, and
not more than a total of 7 percent of the funds appropriated
under sections 210(f), 214, and 275 shall be placed in such
account.''.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
SEC. 201. PURPOSES.
Section 212 (20 U.S.C. 9121) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to enhance coordination among Federal programs that
relate to library and information services;'';
(2) in paragraph (2), by inserting ``continuous'' after
``promote'';
(3) in paragraph (3), by striking ``and'' after the
semicolon;
(4) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following:
``(5) to promote literacy, education, and lifelong learning
and to enhance and expand the services and resources provided
by libraries, including those services and resources relating
to workforce development, 21st century skills, and digital
literacy skills;
``(6) to enhance the skills of the current library
workforce and to recruit future professionals to the field of
library and information services;
``(7) to ensure the preservation of knowledge and library
collections in all formats and to enable libraries to serve
their communities during disasters;
``(8) to enhance the role of libraries within the
information infrastructure of the United States in order to
support research, education, and innovation; and
``(9) to promote library services that provide users with
access to information through national, State, local,
regional, and international collaborations and networks.''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 214 (20 U.S.C. 9123) is amended--
(a) by striking subsection (a) and inserting the
following:
``(a) In General.--There are authorized to be
appropriated--
``(1) to carry out chapters 1, 2, and 3, $232,000,000 for
fiscal year 2011 and such sums as may be necessary for each
of the fiscal years 2012 through 2016; and
``(2) to carry out chapter 4, $24,500,000 for fiscal year
2011 and such sums as may be necessary for each of the fiscal
years 2012 through 2016.''; and
(b) by striking subsection (c).
SEC. 203. RESERVATIONS AND ALLOTMENTS.
Section 221(b)(3) (20 U.S.C. 9131(b)(3)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$340,000'' and inserting ``$680,000'';
and
(B) by striking ``$40,000'' and inserting ``$60,000'';
(2) by striking subparagraph (C); and
(3) by redesignating subparagraph (D) as subparagraph (C).
SEC. 204. STATE PLANS.
Section 224 (20 U.S.C. 9134) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) after paragraph (5), by inserting the following:
``(6) describe how the State library administrative agency
will work with other State agencies and offices where
appropriate to coordinate resources, programs, and activities
and leverage, but not replace, the Federal and State
investment in--
``(A) elementary and secondary education, including
coordination with the activities within the State that are
supported by a grant under section 1251 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6383);
``(B) early childhood education, including coordination
with--
``(i) the State's activities carried out under subsections
(b)(4) and (e)(1) of section 642 of the Head Start Act (42
U.S.C. 9837); and
``(ii) the activities described in the State's strategic
plan in accordance with section 642B(a)(4)(B)(i) of such Act
(42 U.S.C. 9837b(a)(4)(B)(i));
``(C) workforce development, including coordination with--
``(i) the activities carried out by the State workforce
investment board under section 111(d) of the Workforce
Investment Act of 1998 (29 U.S.C. 2821(d)); and
``(ii) the State's one-stop delivery system established
under section 134(c) of such Act (29 U.S.C. 2864(c)); and
``(D) other Federal programs and activities that relate to
library services, including economic and community
development and health information;''; and
(2) in subsection (e)(2), by inserting ``, including
through electronic means'' before the period at the end.
SEC. 205. GRANTS.
Section 231 (20 U.S.C. 9141) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting before the semicolon the
following: ``in order to support such individuals' needs for
education, lifelong learning, workforce development, and
digital literacy skills'';
(B) in paragraph (2), by striking ``electronic networks;''
and inserting ``collaborations and networks; and'';
(C) by redesignating paragraph (2) (as amended by
subparagraph (B)) as paragraph (7), and by moving such
paragraph so as to appear after paragraph (6);
(D) by striking paragraph (3);
(E) by inserting after paragraph (1) the following:
``(2) establishing or enhancing electronic and other
linkages and improved coordination among and between
libraries and entities, as described in section 224(b)(6),
for the purpose of improving the quality of and access to
library and information services;
``(3)(A) providing training and professional development,
including continuing education, to enhance the skills of the
current library workforce and leadership, and advance the
delivery of library and information services; and
``(B) enhancing efforts to recruit future professionals to
the field of library and information services;'';
(F) in paragraph (5), by striking ``and'' after the
semicolon;
(G) in paragraph (6), by striking the period and inserting
a semicolon; and
(H) by adding at the end the following:
[[Page S8249]]
``(8) carrying out other activities consistent with the
purposes set forth in section 212, as described in the State
library administrative agency's plan.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Special Rule.--Each State library administrative
agency receiving funds under this chapter may apportion the
funds available for the priorities described in subsection
(a) as appropriate to meet the needs of the individual
State.''.
SEC. 206. GRANTS, CONTRACTS, OR COOPERATIVE AGREEMENTS.
Section 262(a) (20 U.S.C. 9162(a)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) building workforce and institutional capacity for
managing the national information infrastructure and serving
the information and education needs of the public;
``(2)(A) research and demonstration projects related to the
improvement of libraries or the enhancement of library and
information services through effective and efficient use of
new technologies, including projects that enable library
users to acquire digital literacy skills and that make
information resources more accessible and available; and
``(B) dissemination of information derived from such
projects;''; and
(2) in paragraph (3)--
(A) by striking ``digitization'' and inserting
``digitizing''; and
(B) by inserting ``, including the development of national,
regional, statewide, or local emergency plans that would
ensure the preservation of knowledge and library collections
in the event of a disaster'' before ``; and''.
SEC. 207. LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM.
Subtitle B (20 U.S.C. 9121 et seq.) is amended by adding at
the end the following:
``CHAPTER 4--LAURA BUSH 21ST CENTURY LIBRARIANS
``SEC. 264. LAURA BUSH 21ST CENTURY LIBRARIAN PROGRAM.
``(a) Purpose.--It is the purpose of this chapter to
develop a diverse workforce of librarians by--
``(1) recruiting and educating the next generation of
librarians, including by encouraging middle or high school
students and postsecondary students to pursue careers in
library and information science;
``(2) developing faculty and library leaders, including by
increasing the institutional capacity of graduate schools of
library and information science; and
``(3) enhancing the training and professional development
of librarians and the library workforce to meet the needs of
their communities, including those needs relating to literacy
and education, workforce development, lifelong learning, and
digital literacy.
``(b) Activities.--From the amounts provided under section
214(a)(2), the Director may enter into arrangements,
including grants, contracts, cooperative agreements, and
other forms of assistance, with libraries, library consortia
and associations, institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), and other entities that the Director
determines appropriate, for projects that further the purpose
of this chapter, such as projects that--
``(1) increase the number of students enrolled in
nationally accredited graduate library and information
science programs and preparing for careers of service in
libraries;
``(2) recruit future professionals, including efforts to
attract promising middle school, high school, or
postsecondary students to consider careers in library and
information science;
``(3) develop or enhance professional development programs
for librarians and the library workforce;
``(4) enhance curricula within nationally accredited
graduate library and information science programs;
``(5) enhance doctoral education in order to develop
faculty to educate the future generation of library
professionals and develop the future generation of library
leaders; and
``(6) conduct research, including research to support the
successful recruitment and education of the next generation
of librarians.
``(c) Evaluation.--The Director shall establish procedures
for reviewing and evaluating projects supported under this
chapter.''.
SEC. 208. CONFORMING AMENDMENTS.
The National Foundation on the Arts and the Humanities Act
of 1965 (20 U.S.C. 951 et seq.) is amended--
(1) in section 4(a) (20 U.S.C. 953(a)), by striking
``Institute of Museum Services'' and inserting ``Institute of
Museum and Library Services''; and
(2) in section 9 (20 U.S.C. 958), by striking ``Institute
of Museum Services'' each place the term appears and
inserting ``Institute of Museum and Library Services''.
TITLE III--MUSEUM SERVICES
SEC. 301. PURPOSE.
Section 272 (20 U.S.C. 9171) is amended--
(1) in paragraph (3), by inserting ``through international,
national, regional, State, and local networks and
partnerships'' after ``services'';
(2) in paragraph (5), by striking ``and'' after the
semicolon;
(3) in paragraph (6), by striking the period and inserting
a semicolon; and
(4) by adding at the end the following:
``(7) to encourage and support museums as a part of
economic development and revitalization in communities;
``(8) to ensure museums of various types and sizes in
diverse geographic regions of the United States are afforded
attention and support; and
``(9) to support efforts at the State level to leverage
museum resources and maximize museum services.''.
SEC. 302. DEFINITIONS.
Section 273(1) (20 U.S.C. 9172(1)) is amended by inserting
``includes museums that have tangible and digital collections
and'' after ``Such term''.
SEC. 303. MUSEUM SERVICES ACTIVITIES.
Section 274 (20 U.S.C. 9173) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
States, local governments,'' after ``with museums'';
(B) by redesignating paragraphs (5) through (10) as
paragraphs (6) through (11), respectively;
(C) by striking paragraphs (3) and (4) and inserting the
following:
``(3) supporting the conservation and preservation of
museum collections, including efforts to--
``(A) provide optimal conditions for storage, exhibition,
and use;
``(B) prepare for and respond to disasters and emergency
situations;
``(C) establish endowments for conservation; and
``(D) train museum staff in collections care;
``(4) supporting efforts at the State level to leverage
museum resources, including statewide assessments of museum
services and needs and development of State plans to improve
and maximize museum services through the State;
``(5) stimulating greater collaboration, in order to share
resources and strengthen communities, among museums and--
``(A) libraries;
``(B) schools;
``(C) international, Federal, State, regional, and local
agencies or organizations;
``(D) nongovernmental organizations; and
``(E) other community organizations;'';
(D) in paragraph (6) (as redesignated by subparagraph (B)),
by striking ``broadcast media'' and inserting ``media,
including new ways to disseminate information,''; and
(E) in paragraph (9) (as redesignated by subparagraph (B)),
by striking ``at all levels,'' and inserting ``, and the
skills of museum staff, at all levels, and to support the
development of the next generation of museum leaders and
professionals,''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Grant distribution.--In awarding grants, the Director
shall take into consideration the equitable distribution of
grants to museums of various types and sizes and to different
geographic areas of the United States''; and
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``awards''; and
(ii) in subparagraph (B), by striking ``, but subsequent''
and inserting ``. Subsequent''.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 275 (20 U.S.C. 9176) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grants.--For the purpose of carrying out this
subtitle, there are authorized to be appropriated to the
Director $38,600,000 for fiscal year 2011 and such sums as
may be necessary for each of the fiscal years 2012 through
2016.'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b); and
(4) by adding at the end the following:
``(c) Funding Rules.--Notwithstanding any other provision
of this subtitle, if the amount appropriated under subsection
(a) for a fiscal year is greater than the amount appropriated
under such subsection for fiscal year 2011 by more than
$10,000,000, then an amount of not less than 30 percent but
not more than 50 percent of the increase in appropriated
funds shall be available, from the funds appropriated under
such subsection for the fiscal year, to enter into
arrangements under section 274 to carry out the State
assessments described in section 274(a)(4) and to assist
States in the implementation of such plans.''.
TITLE IV--REPEAL OF THE NATIONAL COMMISSION ON LIBRARIES AND
INFORMATION SCIENCE ACT
SEC. 401. REPEAL.
(a) In General.--The National Commission on Libraries and
Information Science Act (20 U.S.C. 1501 et seq.) is repealed.
(b) Transfer of Functions.--The functions that the National
Commission on Libraries and Information Science exercised
before the date of enactment of this Act shall be transferred
to the Institute of Museum and Library Services established
under section 203 of the Museum and Library Services Act (20
U.S.C. 9102).
(c) Transfer and Allocation of Appropriations and
Personnel.--The personnel and the assets, contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held,
used, arising from, available
[[Page S8250]]
to, or to be made available for the functions and activities
vested by law in the National Commission on Libraries and
Information Science shall be transferred to the Institute of
Museum and Library Services upon the date of enactment of
this Act.
(d) References.--Any reference to the National Commission
on Libraries and Information Science in any Federal law,
Executive Order, rule, delegation of authority, or document
shall be construed to refer to the Institute of Museum and
Library Services when the reference regards functions
transferred under subsection (b).
____________________