[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Senate]
[Pages 18214-18219]
[From the U.S. 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,

[[Page 18215]]

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 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.

[[Page 18216]]

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 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

[[Page 18217]]

     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)--
       (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

[[Page 18218]]

       (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:
       ``(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:

[[Page 18219]]

       ``(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 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).

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