[Senate Report 108-83]
[From the U.S. Government Publishing Office]
Calendar No. 178
108th Congress Report
SENATE
1st Session 108-83
======================================================================
MUSEUM AND LIBRARY SERVICES ACT OF 2003
_______
June 26, 2003.--Ordered to be printed
_______
Mr. Gregg, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
R E P O R T
[To accompany S. 888]
The Committee on Health, Education, Labor, and Pensions, to
which was referred the bill (S. 888) to reauthorize the Museum
and Library Services Act, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and summary of the bill..................................1
II. Background and need for legislation..............................4
III. Legislative history and committee action.........................5
IV. Committee views..................................................5
V. Cost estimate....................................................9
VI. Regulatory impact statement.....................................11
VII. Application of law to the legislative branch....................12
VIII.Section-by-section analysis.....................................12
IX. Changes in existing law.........................................17
I. Purpose and Summary of the Bill
It is the purpose of S. 888, the Museum and Library
Services Act of 2003, to reauthorize the Museum and Library
Services Act, and to provide American libraries and museums
with continued Federal support through the grant programs of
the Institute of Museum and Library Services (IMLS). This
legislation continues the objectives of the Museum and Library
Services Act of 1996 to strengthen America's museum and library
services.
TITLE I--GENERAL PROVISIONS
This title defines certain terms, consolidates the library
and museum advisory boards into one entity (the National Museum
and Library Services Board); establishes the criteria for Board
membership and other rules governing the Board; requires that
the library activities of the IMLS be coordinated with the
school library provisions of the No Child Left Behind Act;
gives the IMLS Director the authority to promulgate such rules
and regulations as are necessary and appropriate to implement
the provisions of the Museum and Library Services Act; requires
the IMLS Director to establish procedural standards for making
grants available to museums and libraries (ensuring that the
criteria are consistent with the purpose of the act, taking
into consideration general standards of decency and respect for
the diverse beliefs and values of the American public);
prohibits projects determined to be obscene from receiving
Federal library and museum funds; authorizes the Director of
the IMLS to issue National Awards for Library Service and
National Awards for Museum Service; requires the IMLS to
conduct analyses of the need for museum and library services
and the effectiveness of funded projects in meeting those
needs; and prohibits funds appropriated under the Museum and
Library Services Act from being used for construction expenses.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
This title amends the purposes of the Library Services and
Technology Act so that they include: (1) consolidation of
Federal library service programs; (2) promotion of improvement
in library services in all types of libraries in order to
better serve the people of the United States; (3) facilitation
of access to resources in all types of libraries for the
purpose of cultivating an educated and informed citizenry; and
(4) encouraging resource sharing among all types of libraries
for the purpose of achieving economical and efficient delivery
of library services to the public.
This title authorizes $250 million in fiscal year 2004 and
such sums as may be necessary for fiscal years 2005 through
2009 for the IMLS's library programs under the Library Services
and Technology Act. It increases the minimum State allotment
for library programs to $680,000, while ensuring that no
State's allotment falls below its 2003 level. S. 888 also
increases the minimum allotment for 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 to
$60,000, as long as each State receives its new minimum
allotment of $680,000.
This title also requires that State plans be submitted
every 5 years, expands the use of national leadership grants to
include the recruitment of librarians, and broadens the
allowable use of funds for State library agency grants to
include 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 families with incomes below the poverty
line.
TITLE III--MUSEUM SERVICES
This title amends the purposes of the Museum Services Act
to include: (1) encouraging and supporting 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)
encouraging and supporting museums in carrying out their
educational role as core providers of learning and in
conjunction with schools, families, and communities; (3)
encouraging leadership, innovation, and applications of the
most current technologies and practices to enhance museum
services; (4) assisting, encouraging, and supporting 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) assisting, encouraging, and
supporting 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) supporting resource sharing and partnership
among museums, libraries, schools, and other community
organizations.
This title amends the allowable use of funds under the
Museum Services Act to include the following: (1) supporting
museums in providing learning and access to collections,
information, and educational resources in a variety of formats
(including exhibitions, programs, publications, and web sites)
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.
This title also: broadens the definition of a museum;
generally limits the Federal share of museum programs to 50
percent (with an exception made for up to 20 percent of funds
available under the Museum Services Act); allows the Director
to use no more than 10 percent of the funds available under the
Museum Services Act for technical assistance awards (while
limiting such grants that are not peer-reviewed to three per
museum); sets aside 1.75 percent of the IMLS's museum funds for
Indian tribes and organizations that primarily serve Native
Hawaiians; and authorizes $41.5 million in Museum Services Act
funds for fiscal year 2004 (and such sums as may be necessary
for fiscal years 2005 through 2009).
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
This title amends the National Commission on Libraries and
Information Science Act to: allow the Commission to solicit and
invest gifts, bequests, and devises of services or property;
better define the requirements for a quorum of the Commission;
and allow a commissioner to serve after the expiration of his
term until his successor takes office.
TITLE V--MISCELLANEOUS PROVISIONS
This title amends the Arts and Artifacts Indemnity Act by
raising the overall level of available indemnity to $8 billion,
increasing the per-exhibition cap for indemnification from $500
million to $600 million, and adjusting the corresponding
deductible levels. It also: designates the Capital Children's
Museum in Washington, DC as the National Children's Museum;
makes several technical and conforming statutory changes;
repeals the National Commission on Libraries and Information
Science's role as an advisory body to the IMLS; and repeals
transition provisions from the Museum and Library Services Act
of 1996.
II. Background and Need for Legislation
Today, museums, libraries serve as important educational
and cultural institutions in communities throughout our nation.
Americans frequent museums at a rate of 2.3 million visits per
day, and in a recent national survey, two-thirds of respondents
reported having used their public library in the past year.
Museums provide access to our historic, artistic, scientific,
and cultural heritage, and serve as key partners in the
education of our children. In fact, American museums commit
over one billion dollars and more than 18 million instructional
hours to K-12 educational programs each year. Libraries provide
comprehensive services to meet the informational needs of
communities large and small, rural and urban. From reading and
literacy programs, to Internet access and work force
development, libraries serve Americans in numerous ways,
regardless of age, economic circumstance, or disability. By
reauthorizing and strengthening the grant programs of the
Institute of Museum and Library Services, the Museum and
Library Services Act of 2003 will help America's libraries and
museums provide these important educational and cultural
services in the years ahead.
III. Legislative History and Committee Action
The committee held a hearing on the reauthorization of the
Museum and Library Services Act on April 10, 2002. At that
hearing the committee heard from three witnesses who testified
in support of the reauthorization: Dr. Robert S. Martin
(Director of the Institute of Museum and Library Services),
David Macksam (Director of the Cranston Public Library in
Cranston, Rhode Island), and Joseph R. Phillips (Director of
the Maine State Museum).
Senator Gregg, along with Senator Reed and several other
co-sponsors, introduced S. 888, the Museum and Library Services
Act of 2003, on April 11, 2003. On May 14, 2003, the committee
met in executive session to consider the bill. No amendments
were offered. The bill was approved without amendment by
unanimous consent.
IV. Committee Views
TITLE I--GENERAL PROVISIONS
Director of the Institute of Museum and Library Services
In order to facilitate implementation, the Museum and
Library Services Act of 2003 gives the Director the authority
to promulgate necessary rules and regulations. It also requires
the Director to establish new procedures for reviewing and
evaluating applications for assistance under the Museum and
Library Services Act. These procedures must ensure that the
purposes of the Museum and Library Services Act, as well as
general standards of decency and respect for the diverse
beliefs and values of the American public, are taken into
consideration. No financial assistance may be provided under
the Museum and Library Services Act to any project determined
to be obscene. The committee notes that assistance provided by
the National Endowment for the Arts is subject to similar
standards (20 U.S.C. Sec. 954(d)).
Recognizing the key role that libraries play in fostering
the academic achievement of our Nation's schoolchildren, the
Museum and Library Services Act of 2003 also requires that the
director, where appropriate, ensure that the library activities
of the IMLS are coordinated with the school library provisions
of the No Child Left Behind Act (contained in Section 1251 of
the Elementary and Secondary Education Act of 1965, and
codified at 20 U.S.C. Sec. 6383).
National Museum and Library Services Board
The Museum and Library Services Act of 2003 established the
National Museum and Library Services Board to advise the
Director of the Institute of Museum and Library Services on
general policies regarding the duties, powers, and authority of
the IMLS as they relate to museum and library services.
Currently, two distinct entities fulfill this advisory role:
the National Museum Services Board and the National Commission
on Libraries and Information Science. This legislation
consolidates the advisory function into one entity, the
National Museum and Library Services Board. The committee notes
that, while the advisory function of the National Commission on
Libraries and Information Science is eliminated, its other
functions (exercised under the National Commission on Libraries
and Information Science Act) are left intact by S. 888. The
Chairman of the National Commission on Libraries and
Information Science will sit on the National Museum and Library
Services Board as a non-voting member, just as the Director of
the Institute of Museum and Library Services sits on the
National Commission on Libraries and Information Science as a
non-voting member.
Members of the Board representing museums will be selected
from among those who are affiliated with curatorial,
conservation, education and cultural resources in the United
States or with various types of museums, or who are recognized
for their broad knowledge, expertise, or experience with
museums or their commitment to museums (such as museum trustees
who have been in a position to understand the overall
operations and activities of museums). Members of the board
representing libraries will be selected from among those who
are specifically qualified by virtue of their education,
training, or experience in the area of library services, or
their demonstrated commitment to libraries (such as library
trustees, members of a library board of directors, or members
of a Library Friends Group).
Analyses of the impact of Museum and Library Services
The committee believes there is a need for regular analyses
of the effectiveness of the programs conducted by the Institute
of Museum and Library Services under the Museum and Library
Services Act. Such analyses will only enhance the ability of
the IMLS to support quality museum and library programs, and
will help to ensure that the taxpayers' return on their
investment remains high. Thus the Museum and Library Services
Act of 2003 authorizes the Director, in consultation with State
library agencies, library and museum organizations, and others,
to: identify national needs for, and trends of, museums and
library services provided with assistance under the Museum and
Library Services Act; report on the impact and effectiveness of
funded programs in addressing these needs; and disseminate
information on the best practices of such programs.
Prohibition of construction
Currently, the Institute of Museum and Library Services is
not engaged in funding or managing construction projects. The
committee notes that the purposes of the Museum and Library
Services Act do not include the construction of museums and
libraries, and the Institute of Museum and Library Services is
not equipped to fund or manage such projects. Thus, S. 888
expressly forbids funds appropriated to carry out the Museum
and Library Services Act from being used for construction
expenses.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Administration
The Museum and Library Services Act of 2003 increases the
percentage of appropriated library funds that can be used for
federal administrative costs from no more than 3 percent to no
more than 3.5 percent. The committee intends for this increase
to be used to conduct the new annual analyses of the impact and
effectiveness of library services required by this Act.
Minimum State allotment
The minimum State allotment in the Grants to State Library
Agencies Program has remained at $340,000 since 1971. The
Museum and Library Services Act of 2003 authorizes an increase
in this minimum State allotment to $680,000, and an increase in
the minimum allotment for outlying areas from $40,000 to
$60,000, while also ensuring that no State's allotment falls
below its fiscal year 2003 level. Under S. 888, if funding is
insufficient to both raise the minimum allotment to $680,000
and hold States harmless, then the minimum allotment will be
set at its current $340,000. Any additional funding above the
level sufficient to fund a $340,000 minimum allotment will be
distributed equally among the States until the minimum amount
of $680,000 is reached for each State. As with current law, any
additional funding available above the minimum allotment will
be distributed to States under a population-driven formula.
Outlying areas will see their minimum allotment increase to
$60,000, as long as each State receives the $680,000 minimum
State allotment.
Recruitment of librarians
Librarians are key partners in the education of successful
learners. They help parents teach their children before they
enter school, they are partners with the schools in their
communities, they provide college students with advanced
research skills, and they help adults continue to achieve and
enjoy learning throughout their lifetimes. The committee notes
that over the next 16 years, America's libraries are projected
to lose 58 percent of their professional librarians, and more
than one-quarter of all librarians with master's degrees will
reach the age of 65 before 2009.
The committee commends President Bush and First Lady Laura
Bush for their support for education and libraries generally,
and the recruitment of librarians in particular. The Museum and
Library Services Act of 2003 supports their efforts by amending
the Museum and Library Services Act to allow grants, contracts,
and cooperative agreements to be used for activities that
include the recruitment of persons in library and information
science.
TITLE III--MUSEUM SERVICES
Technical assistance awards
The Museum and Library Services Act of 2003 allows the
Director to use no more than 10 percent of Museum Services Act
funds for technical assistance awards, while limiting such
grants that are not peer-reviewed to three per museum. The
committee notes that grants for technical assistance can help
to strengthen museum operations and service to the public. The
committee supports the development of procedures that minimize
the administrative burden in providing technical assistance.
The committee believes that the usefulness of the technical
assistance program can be enhanced by providing additional
review and evaluation for institutions after they have received
three grants for technical assistance.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
Contributions
The Museum and Library Services Act of 2003 clarifies the
ability of the National Commission on Libraries and Information
Science to seek contributions and to invest them in the name of
the United States. It also makes clear that the Commission can
accept services as well as property. These provisions are
consistent with other federal statutes, and are specifically
modeled on the law relating to the Institute of Museum and
Library Services.
Membership
The Museum and Library Services Act of 2003 establishes
that a majority of Commission members who have taken office and
are serving on the Commission shall establish a quorum for the
conduct of business, and allows a Commission member whose term
has expired to continue serving until their successor is
appointed, has taken office, and is serving on the Commission.
The purpose of these amendments is to ensure that the
Commission is able to act in periods when member terms have
expired. These provisions are consistent with other statutes
dealing with boards and commissions in the federal government.
TITLE V--MISCELLANEOUS PROVISIONS
Arts and Artifacts Indemnity Act
The Museum and Library Services Act of 2003 also includes
an increase in indemnity levels contained in the Arts and
Artifacts Indemnity Act. In order to cover the rising costs of
insurance, Section 501 raises the overall level of available
indemnity to $8 billion. This provision also includes an
increase in the per-exhibition cap for indemnification from
$500 million to $600 million and makes corresponding
adjustments in deductible levels. These changes are designed to
better facilitate the international exchange and display of
works of art, books, rare documents and other published
materials, artifacts, and films and other audiovisual media. It
is the Committee's hope that with these changes, the Arts and
Artifacts Indemnity Program 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.
National Children's Museum
Currently, there is no national museum devoted exclusively
to children. However, the committee believes that the
designation of the Capital Children's Museum in Washington, DC
as the ``National Children's Museum'' will highlight the
importance of early childhood education, and reinforce the
Nation's commitment to educationally underserved children. The
Capital Children's Museum, founded in 1974, is one of the
original children's museums in the Nation, and provides a
national model for innovative learning experiences. This
designation, contained in section 501, is endorsed by the
Association of Children's Museums in order to raise awareness
of the Nation's children's museums.
V. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 21, 2003.
Hon. Judd Gregg,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 888, the Museum and
Library Services Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 888--Museum and Library Services Act of 2003
Summary: S. 888 would reauthorize programs under the Museum
and Library Services Act of 1996 that were authorized through
2002. Programs were authorized for 2003 by the Consolidated
Appropriations Resolution, 2003 (Public Law 108-7). S. 888
would reauthorize these programs through 2009.
S. 888 also would increase total indemnity limits under the
Arts and Artifacts Indemnity Act from $5 billion to $8 billion.
CBO estimates that enacting S. 888 would result in a negligible
amount of direct spending over the 2003-2009 period.
CBO estimates that authorizations under the bill would
total $292 million in 2004 and about $1.8 billion over the
2004-2009 period, assuming that annual levels are adjusted for
inflation when specific annual authorizations are not provided.
(Without such inflation adjustments, the authorizations would
total about $1.7 billion over the 2004-2009 period.) CBO
estimates that appropriations of the authorized levels would
result in additional outlays of $1.5 billion over the 2004-2009
period, if inflation adjustments are included (and about $1.4
billion without inflation adjustments).
S. 888 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. This bill would benefit states and other
participating entities by authorizing grant funding for
updating museum and library services. Any costs incurred by
states to participate in this program would be voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 888 is shown in the following table. The
costs of this legislation fall within budget function 500
(education, training, employment, and social services). CBO's
estimate of authorized levels is the authorized amount for 2004
with those amounts inflated in later years. The estimated
outlays reflect CBO's current assumptions about spending
patterns in the authorized programs.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2003 2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION \1\
Spending Under Current Law:
Budget Authority \2\................................ 244 0 0 0 0 0 0
Estimated Outlays................................... 231 185 71 0 0 0 0
Proposed Changes:
Library Services:
Estimated Authorization Level................... 0 250 255 260 266 272 278
Estimated Outlays............................... 0 53 169 254 260 265 271
Museum Services:
Estimated Authorization Level................... 0 42 42 43 44 45 46
Estimated Outlays............................... 0 12 42 43 43 44 45
Total Proposed Changes:
Estimated Authorization Level................... 0 292 297 304 310 317 324
Estimated Outlays............................... 0 65 210 297 303 310 316
Total Spending Under S. 888:
Budget Authority/Authorization Level \2\............ 244 292 297 304 310 317 324
Estimated Outlays................................... 231 249 281 297 303 310 316
----------------------------------------------------------------------------------------------------------------
\1\ S. 888 also would affect direct spending, through the arts indemnity program; but CBO estimates that those
costs would be less than $500,000 a year.
\2\ The 2003 level is the amount appropriated for that year for the library and museum services programs.
Note.--Components may not sum to totals because of rounding.
Basis of estimate: S. 888 reauthorize programs created
under the Museum and Library Services Act. Both the Library and
Museum Services programs would be reauthorized at specific
levels for 2004 and for such sums as may be necessary for 2005
through 2009.
S. 888 would authorize the appropriation of $292 million in
2004. CBO estimates that the bill would authorize total funding
of $1.8 billion over the 2004-2009 period assuming that amounts
provided after 2004 are adjusted for inflation. If the
authorized amounts are appropriated, outlays would increase by
$65 million in the first year and by $1.5 billion over the six-
year period. (Without inflation adjustments, the increased
authorizations would result in outlays of $1.4 billion over the
six years.)
S. 888 would increase total indemnity limits under the Arts
and Artifacts Indemnity Act from $5 billion to $8 billion. CBO
estimates that enacting S. 888 would result in a negligible
amount of direct spending over the 2003-2009 period.
Spending subject to appropriation
Office of Library Services. The Office of Library Services
within the Institute of Museum and Library Services provides
funding to public libraries through state formula grants so
that libraries can promote wider access to learning and
information. Competitive grants are also available for
libraries that submit innovative ideas to improve information
access. The program also supports collaborative activities
between museums and libraries. The bill would authorize the
Library Services program at $250 million in 2004 and such sums
as may be necessary for the 2005-2009 period. CBO estimates the
total funding for the 2004-2009 period would be about $1.6
billion, assuming adjustments for inflation, with resulting
outlays of $1.3 billion over those six years.
Office of Museum Services. The Office of Museum Services
provides competitive grants to museums to improve museum
programs and operations. The bill would reauthorize the current
program at $42 million in 2004 and such sums as may be
necessary for each of the following five years. For this
program, CBO estimates the total funding for the 2004-2009
period would be $262 million, assuming adjustments for
inflation, with resulting outlays of $230 million over six
years.
The bill also would add a National Museum and Library
Services Board within the Institute of Museum and Library
Services, allow the director to grant national awards to
libraries and museums that have made significant contributions
to their communities, and would instruct the director to report
on the impact of the Museum and Library Services programs.
Funding for the board's activities would come out of the
amounts authorized for the Office of Library Services and the
Office of Museum Services.
Direct spending
S. 888 would increase total indemnity limits under the Arts
and Artifacts Indemnity Act from $5 billion to $8 billion. The
bill also would increase the limit for a single exhibition from
$500 million to $600 million and would change the deductible
limits. The Arts and Artifacts Indemnity Act authorizes the
Federal Council on the Arts and Humanities to enter into
agreements to cover certain eligible works of art while these
objects are traveling on exhibition in the United States or
abroad. Coverage includes the time the objects are in transit
and while they are on exhibition.
According to information from the National Endowment for
the Arts, there have been two claims totaling $105,000 since
1976, the first year of the program. Loss or damage claims are
first paid out of the Arts and Artifacts Indemnity Fund--a
gifts and donations fund for this purpose. The fund currently
has a balance of $280,000, but CBO judges that the costs to the
government are not limited by the balances in the fund.
Although the government would be exposing itself to more risk
if the indemnity limits were raised $3 billion, CBO estimates
that such spending would be less than $500,000 in each fiscal
year.
Intergovernmental and private-sector impact: S. 888
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. This bill would benefit states and other
participating entities by authorizing grant funding for
streamlining and updating museum and library services. Any
costs incurred by states to participate in this program would
be voluntary.
Previous CBO estimate: On February 24, 2003, CBO
transmitted a cost estimate for H.R. 13, the Museum and Library
Services Act of 2003, as ordered reported by the House
Committee on Education and the Workforce on February 13, 2003,
H.R. 13 would authorize slightly less funding for museums and
libraries and would not amend the Arts and Artifacts Indemnity
Act.
Estimate prepared by: Federal Costs: Donna Wong; Impact on
State, Local, and Tribal Governments: Greg Waring; and Impact
on the Private Sector: Nabeel Alsalam.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
VI. Regulatory Impact Statement
The committee has determined that there will be minimal
increases in the regulatory burden imposed by this bill.
VII. Application of Law to the Legislative Branch
The committee has determined that there is no legislative
impact.
VIII. Section-by-Section Analysis
Section 1. Short title
This act may be cited as the ``Museum and Library Services
Act of 2003.''
Section 2. Table of contents
Section 101. General definitions
This Section amends Section 202 of the Museum and Library
Services Act to define the following terms: determined to be
obscene; final judgment; Indian tribe; Museum and Library
Services Board; and obscene.
Section 102. Institute of Museum and Library Services
This section amends section 203 to create a National Museum
and Library Services Board within the Institute of Museum and
Library Services.
Section 103. Director of the Institute
This section amends section 204 to ensure that the Director
coordinates the library activities of the IMLS with the school
library provisions of section 1251 of the Elementary and
Secondary Education Act of 1965, as added by the No Child Left
Behind Act. This section also provides the Director with the
authority to promulgate regulations and establish procedures
for reviewing and evaluating applications submitted under the
act. This section prohibits financial assistance from being
provided under the act to projects determined to be obscene.
Section 104. National Museum and Library Services Board
This section establishes a National Museum and Library
Services Board within the Institute of Museum and Library
Services, composed of: the Director; the Deputy Director for
the Office of Library Services; the Deputy Director for the
Office of Museum Services; the Chairman of the National
Commission on Libraries and Information Science; ten 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; and ten 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 museums
services, or their commitment to museums. Of the library
members, five shall be professional librarians or information
specialists. Of the museum members, five shall be museum
professionals who are or have been affiliated with resources
that are broadly representative of the resources of the United
States, or museums that are broadly representative of various
types of museums. Board members may not include, at any time,
more than three appointed members from a single State, and the
President shall give due regard to equitable representation of
women, minorities, and persons with disabilities in his
appointments. The Director shall serve as Chairperson of the
Museum and Library Services Board.
This section also designates the Director, Deputy Director
of the Office of Library Services, Deputy Director of the
Office of Museum Services, and the Chairman of the National
Commission on Library and Information Science as nonvoting
members of the Museum and Library Services Board. This section
also provides for 5-year terms for members of the Board, except
in certain defined circumstances. Members appointed to fill a
vacancy shall serve for the remainder of the term for which
their predecessor was appointed. No appointed member of the
Board who has been a member for more than seven consecutive
years shall be eligible for reappointment. An appointed member
of the Board shall serve after the expiration of their term
until a successor takes office.
This section also provides that the Museum and Library
Services Board shall advise the Director on general policies
with respect to the duties, powers, and authority of the IMLS
relating to museum and library services, including financial
assistance under the Museum and Library Services Act and making
awards under section 209. This Section also requires that the
Director, with the advice of the Board, coordinate the policies
and activities of the IMLS with other activities of the Federal
Government.
This section also provides that the Museum and Library
Services Board shall meet not less than two times each year and
at the call of the Director. All decisions by the Museum and
Library Services Board shall be made by a majority vote of the
members of the Board who are present and authorized to vote. A
majority of the voting members of the Board shall constitute a
quorum for the conduct of business at official meetings. This
section also establishes rules for the compensation of Board
members.
Section 105. Awards; analysis of impact of services
This section adds a new section 209 that authorizes the
Director, with the advice of the Board, to annually award
National Awards for Library Service and National Awards for
Museum Service to outstanding libraries and outstanding
museums, respectively.
This section also adds a new section 210 that requires the
Director, in consultation with State library agencies, library
and museum organizations, and others, to: identify national
needs for, and trends of, museum and library services provided
with assistance under the Museum and Library Services Act;
report on the impact and effectiveness of funded programs in
addressing these needs; and disseminate information on the best
practices of such programs.
This section also adds a new section 210A that prohibits
funds appropriated to carry out the Museum and Library Services
Act from being used for construction expenses.
Section 201. Purpose
This section amends section 212 so that the purposes of the
Library Services and Technology Act are as follows: (1)
consolidation of federal library service programs; (2)
promotion of improvement in library services in all types of
libraries in order to better serve the people of the United
States; (3) facilitation of access to resources in all types of
libraries for the purpose of cultivating an educated and
informed citizenry; and (4) encouraging resource sharing among
all types of libraries for the purpose of achieving economical
and efficient delivery of library services to the public.
Section 202. Definitions
This section amends section 213 by striking the definition
of an Indian tribe.
Section 203. Authorization of appropriations
This section amends section 214 to authorize $250,000,000
for fiscal year 2004 and such sums as may be necessary for
fiscal years 2005 through 2009 for IMLS programs under the
Library Services and Technology Act. This section also
increases the percentage of funds appropriated under the
Library Services and Technology Act that may be used for
administration from 3 percent to 3.5 percent.
Section 204. Reservations and allotments
This section amends section 221 to authorize an increase in
the minimum State allotment for library programs to $680,000,
while also ensuring that no State's allotment falls below its
2003 level. If funding is insufficient to raise the minimum
State allotment to $680,000 and, at the same time, hold all
States harmless, then the minimum State allotment will be set
at $340,000 (the current minimum State allotment). Any
additional funding above that level would be distributed
equally among the States until the minimum amount of $680,000
per State is reached. Any funding above the State minimum of
$680,000 would be awarded to States based on population (as
under current law). This section also increases the minimum
allotment for 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 to $60,000, as long as
each State receives a minimum allotment of $680,000.
Section 205. State plans
This section updates and amends section 224 to require that
State plans be submitted every five years.
Section 206. Grants to States
This section amends section 231 to broaden the allowable
use of funds for State library agency grants to include 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 families with incomes below the poverty line.
Section 207. National leadership grants, contracts, or cooperative
agreements
This section amends section 262 to allow grants, contracts,
and cooperative agreements to be used for activities that
include the recruitment of persons in library and information
science.
Seciton 301. Purpose
This section amends the purposes of the Museum Services Act
to include the following: (1) encouraging and supporting
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) encouraging and supporting museums in carrying
out their educational role as core providers of learning and in
conjunction with schools, families, and communities; (3)
encouraging leadership, innovation, and applications of the
most current technologies and practices to enhance museum
services; (4) assisting, encouraging, and supporting 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) assisting, encouraging, and
supporting 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) supporting resource sharing and
partnerships among museums, libraries, schools, and other
community organizations.
Section 302. Definitions
This section amends section 272 by specifically referencing
the following types of museums within the definition of a
museum: 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.
Section 303. Museum service activities
This section amends the allowable use of funds under the
Museum Services Act to include the following: (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.
This section also limits the Federal share of funded
projects to 50 percent, except that the Director may use not
more than 20 percent of the funds made available under the
Museum Services Act to enter into arrangements for which the
Federal share may be greater than 50 percent. This section also
prohibits funds for operational expenses from being provided
under this section to any entity that is not a museum, and
requires the Director to establish procedures for reviewing and
evaluating grants, contracts, cooperative agreements and other
forms of assistance with museums and other entities for the
activities specified in the Museum Services Act. Not more than
10 percent of funds appropriated to carry out the Museum
Services Act may be used for technical assistance awards.
Individual museums may not receive more than three technical
assistance awards on a non-peer reviewed basis. Additional
technical assistance grants shall be subject to review outside
the IMLS.
This section also requires the Director to reserve 1.75
percent from amounts appropriated under section 275 to award
grants to, or enter into contracts or cooperative agreements
with, Indian tribes and organizations that primarily serve and
represent Native Hawaiians.
Section 304. Repeals
This section repeals section 274 and 275 of the Museum and
Library Services Act.
Section 305. Authorization of appropriations
This section amends section 276 to authorize $41,500,000
for fiscal year 2004 and such sums as may be necessary for
fiscal years 2005 through 2009.
Section 306. Short title
This section adds a new section 271 which designates the
subtitle authorizing museum programs as the ``Museum Services
Act.''
Section 401. Amendments to contributions
This section amends section 4 of the National Commission on
Libraries and Information Science Act to allow the Commission
to solicit, and invest in the name of the United States, gifts,
bequests, and devises of service or property.
Section 402. Amendments to membership
This section amends section 6(a) of the National Commission
on Libraries and Information Science Act to make a technical
correction; establish that a majority of Commission members who
have taken office and are serving on the Commission shall
establish a quorum for the conduct of business at official
meetings of the Commission; and allow a Commission member whose
term has expired to continue serving until their successor is
appointed, has taken office, and is serving on the Commission.
Section 501. Amendments to Arts and Artifacts Indemnity Act
This section amends section 5 of the Arts and Artifacts
Indemnity Act to raise the overall level of available indemnity
to $8 billion, increase the per-exhibition cap for
indemnification from $500 million to $600 million, and adjust
the corresponding deductible levels.
Section 502. National Children's Museum
This section designates the Capital Children's Museum,
located at 800 Third Street, N.E., Washington, DC (or any
successor location), organized under the laws of the District
of Columbia, as the ``National Children's Museum''. Any
references in a law, map, regulation, document, paper, or other
record of the United States to the Capital Children's Museum
shall be deemed a reference to the National Children's Museum.
Section 503. Conforming amendment
This section amends section 170(e)(6)(B)(i)(III) of the
Internal Revenue Code of 1986 to properly reference the
definition of a library under the Library Services and
Technology Act.
Section 504. Technical corrections
This section amends certain title and subtitle headings in
the Museum and Library Services Act, and corrects certain
grammatical and punctuation mistakes in that Act.
Section 505. Repeals
This section repeals section 5(b) and 5(c) of the National
Commission on Libraries and Information Science Act, relating
to the Commission's role as an advisory body to the Institute
of Museum and Library Services. This section also repeals
sections 704 through 707 of the Museum and Library Services Act
of 1996, relating to the transition to the Institute of Museum
and Library Services.
Section 506. Effective date
This section makes the Museum and Library Services Act
effective on the date of enactment, except that the amendments
made by sections 203, 204, and 305 shall take effect on October
1, 2003.
X. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended or
replaced (existing law proposed to be omitted is enclosed in
black brackets, new matter is printed in italic, existing law
in which no change is proposed is shown in roman):
MUSEUM AND LIBRARY SERVICES ACT OF 2003
* * * * * * *
[TITLE II--MUSEUM AND LIBRARY SERVICES]
TITLE II--MUSEUM AND LIBRARY SERVICES
[Subtitle A--General Provisions]
Subtitle A--General Provisions
* * * * * * *
SEC. 202. GENERAL DEFINITIONS.
As used in this title:
[(1) Commission.--The term ``Commission'' means the
National Commission on Libraries and Information
Science established under section 3 of the National
Commission on Libraries and Information Sciences Act
(20 U.S.C. 1502)]
(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 obscence.
(2) Director.--The term ``Director'' means the
Director of the Institute appointed under section 204.
(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) Museum board.--The term ``Museum Board'' means
the National Museum Services Board established under
section 275.]
(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.
[(3)] (5) Institute.--The term ``Institute'' means
the Institute of Museum and Library Services
established under section 203.
(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. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
(a) Establishment.--There is established, within the
National Foundation on the Arts and the Humanities, an
Institute of Museum and Library Services.
(b) Offices.--The Institute shall consist of an Office of
Museum Services and an Office of Library Services. [There shall
be a National Museum Services Board in the Office of Museum
Services.]
(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. 204. DIRECTOR OF THE INSTITUTE.
(a) Appointment.--
(1) In general.--* * *
* * * * * * *
(e) Coordination.--The Director shall ensure coordination
of the policies and activities of the Institute with the
policies and activities of other agencies and offices of the
Federal Government having interest in and responsibilities for
the improvement of museums and libraries and information
services.
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).
(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. 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 libraries
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 Museum and Library
Services Board.
(c) Terms.--
(1) In general.--Except as otherwise provided in this
subsection, each member of the Museum and Library
Services Board appointed under subparagraph (E) or (F)
of subsection (b)(1) shall serve for a term of 5 years.
(2) Initial board appointments.--
(A) Treatment of members serving on effective
date.--Notwithstanding subsection (b), each
individual who is a member of the National
Museum Services Board on the date of enactment
of the Museum and Library Services Act of 2003,
may, at the individual's election, complete the
balance of the individual's term as a member of
the Museum and Library Services Board.
(B) First appointments.--Notwithstanding
subsection (b), any appointive vacancy in the
initial membership of the Museum and Library
Services Board existing after the application
of subparagraph (A), and any vacancy in such
membership subsequently created by reason of
the expiration of the term of an individual
described in subparagraph (A), shall be filled
by the appointment of a member described in
subsection (b)(1)(E). When the Museum and
Library Services Board consists of an equal
number of individuals who are specially
qualified in the area of library services and
individuals who are specially qualified in the
area of museum services, this subparagraph
shall cease to be effective and the board shall
be appointed in accordance with subsection (b).
(C) Authority to adjust terms.--The terms of
the first members appointed to the Museum and
Library Service Board shall be adjusted by the
President as necessary to ensure that the terms
of not more than 4 members expire in the same
year. Such adjustments shall be carried out
through designation of the adjusted term at the
time of appointment.
(3) Vacancies.--Any member appointed to fill a
vacancy shall serve for the remainder of the term for
which the predecessor of the member was appointed.
(4) Reappointment.--No appointive member of the
Museum and Library Services Board who has been a member
for more than 7 consecutive years shall be eligible for
reappointment.
(5) Service until successor takes office.--
Notwithstanding any other provision of this subsection,
an appointive member of the Museum and Library Services
Board shall serve after the expiration of the term of
the member until the successor to the member takes
office.
(d) Duties and Powers.--
(1) In general.--The Museum and Library Services
Board shall advise the Director on general policies
with respect to the duties, powers, and authority of
the Institute relating to museum and library services,
including financial assistance awarded under this
title.
(2) National awards.--The Museum and Library Services
Board shall advise the Director in making awards under
section 209.
(e) Chairperson.--The Director shall serve as Chairperson
of the Museum and Library Services Board.
(f) Meetings.--
(1) In general.--The Museum and Library Services
Board shall meet not less than 2 times each year and at
the call of the Director.
(2) Vote.--All decisions by the Museum and Library
Services Board with respect to the exercise of its
duties and powers shall be made by a majority vote of
the members of the Board who are present and authorized
to vote.
(g) Quorum.--A majority of the voting members of the Museum
and Library Services Board shall constitute a quorum for the
conduct of business at official meetings, but a lesser number
of members may hold hearings.
(h) Compensation and Travel Expenses.--
(1) Compensation.--Each member of the Museum and
Library Services Board who is not an officer or
employee of the Federal Government may be compensated
at a rate to be fixed by the President, but not to
exceed the daily equivalent of the maximum annual rate
of pay authorized for a position above grade GS-15 of
the General Schedule under section 5108 of title 5,
United States Code, for each day (including travel
time) during which such member is engaged in the
performance of the duties of the Museum and Library
Services Board. Members of the Museum and Library
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. 207.] SEC. 208. CONTRIBUTIONS.
The Institute is authorized to solicit, accept, receive,and
invest in the name of the United States, gifts, bequests, or
devises of money and other property or services and to use such
[property of services] property or services in furtherance of
the functions of the Institute. Any proceeds from such gifts,
bequests, or devises, after acceptance by the Institute, shall
be paid by the donor or the representative of the donor to the
Director. The Director shall enter the proceeds in a special-
interest bearing account to the credit of the Institute for the
purposes specified in each case.
* * * * * * *
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.
* * * * * * *
[Subtitle B--Library Services and Technology]
Subtitle B--Library Services and Technology
* * * * * * *
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
SEC. 212. PURPOSE.
It is the purpose of this subtitle--
(1) to consolidate Federal library service programs;
[(2) to stimulate excellence and promote access to
learning and information resources in all types of
libraries for individuals of all ages;
[(3) to promote library services that provide all
users access to information through State, regional,
national and international electronic networks;
[(4) to provide linkages among and between libraries;
and
[(5) to promote targeted library services to people
of diverse geographic, cultural, and socioeconomic
backgrounds, to individuals with disabilities, and to
people with limited functional literacy or information
skills.]
(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 ecomonical and
efficient delivery of library services to the public.
* * * * * * *
SEC. 213. DEFINITIONS.
As used in this subtitle:
[(1) Indian tribe.--The term ``Indian tribe'' means
any tribe, band, nation, or other organized group or
community, including any Alaska native village,
regional corporation, or village corporation, as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), which
is recognized by the Secretary of the Interior as
eligible for the special programs and services provided
by the United States to Indians because of their status
as Indians.]
[(2)] (1) Library.--The term ``library'' includes--
(A) a public library;
(B) a public elementary school or secondary
school library;
(C) an academic library;
(D) a research library, which for the
purposes of this subtitle means a library
that--
(i) makes publicly available library
services and materials suitable for
scholarly research and not otherwise
available to the public; and
(ii) is not an integral part of an
institution of higher education; and
(E) a private library or other special
library, but only if the State in which such
private or special library is located
determines that the library should be
considered a library for purposes of this
subtitle.
[(3)] (2) Library consortium.--The term ``library
consortium'' means any local, statewide, regional,
interstate, or international cooperative association of
library entities which provides for the systematic and
effective coordination of the resources of school,
public, academic, and special libraries and information
centers, for improved services for the clientele of
such library entities.
[(4)] (3) State.--The term ``State'', unless
otherwise specified, includes each of the 50 States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
[(5)] (4) State library administrative agency.--The
term ``State library administrative agency'' means the
official agency of a State charged by the law of the
State with the extension and development of public
library services throughout the State.
[(6)] (5) State plan.--The term ``State plan'' means
the document which gives assurances that the officially
designated State library administrative agency has the
fiscal and legal authority and capability to administer
all aspects of this subtitle, provides assurances for
establishing the State's policies, priorities,
criteria, and procedures necessary to the
implementation of all programs under this subtitle,
submits copies for approval as required by regulations
promulgated by the Director, identifies a State's
library needs, and sets forth the activities to be
taken toward meeting the identified needs supported
with the assistance of Federal funds made available
under this subtitle.
* * * * * * *
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
[(a) Authorization of Appropriations.--]
(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.
* * * * * * *
(c) Administration.--Not more than [3 percent] 3.5 percent
of the funds appropriated under this section for a fiscal year
may be used to pay for the Federal administrative costs of
carrying out this subtitle.
* * * * * * *
CHAPTER 1--BASIC PROGRAM REQUIREMENTS
SEC. 221. RESERVATIONS AND ALLOTMENTS.
(a) Reservations.--
* * * * * * *
(b) * * *
* * * * * * *
[(3) Minimum allotment.--
[(A) In general.--For the purposes of this
subsection, the minimum allotment for each
State shall be $340,000, except that the
minimum allotment shall be $40,000 in the case
of the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
[(B) Ratable reductions.--If the sum
appropriated under the authority of section 214
and not reserved under subsection (a) for any
fiscal year is insufficient to fully satisfy
the aggregate of the minimum allotments for all
States for that purpose for such year, each of
such minimum allotments shall be reduced
ratably.
[(C) Special rule.--
[(i) In general.--Notwithstanding any
other provision of this subsection and
using funds allotted for the Republic
of the Marshall Islands, the Federated
States of Micronesia, and the Republic
of Palau under this subsection, the
Director shall award grants to Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated
States of Micronesia, or the Republic
of Palau to carry out activities
described in this subtitle in
accordance with the provisions of this
subtitle that the Director determines
are not inconsistent with this
subparagraph.
[(ii) Award basis.--The Director
shall award grants pursuant to clause
(i) on a competitive basis and pursuant
to recommendations from the Pacific
Region Educational Laboratory in
Honolulu, Hawaii.
[(iii) Termination of eligibility.--
Notwithstanding any other provision of
law, the Republic of the Marshall
Islands, the Federated States of
Micronesia, and the Republic of Palau
shall not receive any funds under this
subtitle for any fiscal year that
begins after September 30, 2001.
[(iv) Administrative costs.--The
Director may provide not more than 5
percent of the funds made available for
grants under this subparagraph to pay
the administrative costs of the Pacific
Region Educational Laboratory regarding
activities assisted under this
subparagraph.]
(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. 224. STATE PLANS.
(a) State Plan Required.--
(1) In general.--In order to be eligible to receive a
grant under this subtitle, a State library
administrative agency shall submit a State plan to the
Director [not later than April 1, 1997.] once every 5
years, as determined by the Director.
* * * * * * *
(f) Internet Safety.--
(1) In general.--No funds made available under [this
Act] this subtitle for a library described in [section
213(2)(A) or (B)] section 213(1)(A) or (B) that does
not receive services at discount rates under section
254(h)(6) of the Communications Act of [1934, as added
by section 1721 of this Children's Internet Protection
Act, may] 1934 (47 U.S.C. 254(h)(6) may be used to
purchase computers used to access the Internet, or to
pay for direct costs associated with accessing the
Internet, for such library unless--
* * * * * * *
(4) Timing and applicability of implementation.--
(A) In general.--A library covered by
paragraph (1) shall certify the compliance of
such library with the requirements of paragraph
(1) as part of the application process for the
next program funding year under [this Act] this
subtitle following the effective date of this
subsection, and for each subsequent program
funding year thereafter.
(i) Libraries with internet safety
policies and technology protection
measures in place.--A library covered
by paragraph (1) that has in place an
Internet safety policy meeting the
requirements of paragraph (1) shall
certify its compliance with paragraph
(1) during each annual program
application cycle under [this Act] this
subtitle.
* * * * * * *
(I) for the first program
year after the effective date
of this subsection in which the
library applies for funds under
[this Act] this subtitle, shall
certify that it is undertaking
such actions, including any
necessary procurement
procedures, to put in place an
Internet safety policy that
meets such requirements; and
(II) for the second program
year after the effective date
of this subsection in which the
library applies for funds under
[this Act] this subtitle, shall
certify that such library is in
compliance with such
requirements.
Any library covered by paragraph (1)
that is unable to certify compliance
with such requirements in such second
program year shall be ineligible for
all funding under [this Act] this
subtitle for such second program year
and all subsequent program years until
such time as such library comes into
compliance with such requirements.
(ii) Libraries without internet
safety policies and technology
protection measures in place.--a
library covered by paragraph (1) that
does not have in place an Internet
safety policy meeting the requirements
of paragraph (1)--
* * * * * * *
the Director of the Institute of Museum
and Library Services of the
applicability of that clause to the
library. Such notice shall certify that
the library will comply with the
requirements in paragraph (1) before
the start of the third program year
after the effective date of this
subsection for which the library is
applying for funds under [this Act]
this subtitle.
(5) Noncompliance.--
(A) Use of general education provisions act
remedies.--Whenever the Director of the
Institute of Museum and Library Services has
reason to believe that any recipient of funds
[this Act] this subtitle is failing to comply
substantially with the requirements of this
subsection, the Director may--
(i) withhold further payments to the
recipient under [this Act] this
subtitle,
* * * * * * *
(7) Definitions.--In this [section:] subsection:
* * * * * * *
(D) Obscene.--The term ``obscene'' has the
meaning [given] applicable to such term in
section 1460 of title 18, United States Code.
CHAPTER 2--LIBRARY PROGRAMS
SEC. 231. GRANTS TO STATES.
(a) In General.--Of the funds provided to a State library
administrative agency under section 214, such agency shall
expend, either directly or through subgrants of cooperative
agreements, at least 96 percent of such funds for--
[(1)(A) establishing or enhancing electronic linkages
among or between libraries;
[(B) electronically linking libraries with
educational, social, or information services;
[(C) assisting libraries in accessing information
through electronic networks;
[(D) encouraging libraries in different areas, and
encouraging different types of libraries, to establish
consortia and share resources; or
[(E) paying costs for libraries to acquire or share
computer systems and telecommunications technologies;
and
[(2) targeting library and information services to
persons having difficulty using a library and to
undeserved 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.]
(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.
(b) Special Rule.--Each State library administrative agency
receiving funds under this chapter may apportion the funds
available for the purposes described in subsection (a) [between
the two purposes described in paragraphs (1) and (2) of such
subsection,] among such purposes, as appropriate, to meet the
needs of the individual State.
* * * * * * *
SEC. 262. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR COOPERATIVE
AGREEMENTS.
(a) In General.--* * *
(1) [education and training] education, recruitment,
and training of persons in library and information
science, particularly in areas of new technology and
other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
* * * * * * *
[Subtitle C--Museum Services]
Subtitle C--Museum Services
[SEC. 271. PURPOSE.
[It is the purpose of this subtitle--
[(1) to encourage and assist museums in their
educational role, in conjunction with formal systems of
elementary, secondary, and postsecondary education and
with programs of nonformal education for all age
groups;
[(2) to assist museums in modernizing their methods
and facilities so that the museums are better able to
conserve the cultural, historic, and scientific
heritage of the United States; and
[(3) to ease the financial burden borne by museums as
a result of their increasing use by the public.]
SEC. 271. SHORT TITLE.
This subtitle may be cited as the ``Museum Services Act''.
SEC. 272. 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. [272.] 273. DEFINITIONS.
As used in this subtitle:
(1) Museum.--The term ``museum'' means a public or
private nonprofit agency or institution organized on a
permanent basis for essentially educational or
aesthetic purposes, that utilizes a professional staff,
owns or utilizes tangible objects, cares for the
tangible objects, and exhibits the tangible objects to
the public on a regular basis. 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.
(2) State.--The term ``State'' means each of the 50
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
[SEC 273. MUSEUM SERVICES ACTIVITIES.
[(a) Grants.--The Director, subject to the policy direction
of the Museum Board, may make grants to museums to pay for the
Federal share of the cost of increasing and improving museum
services, through such activities as--
[(1) programs that enable museums to construct or
install displays, interpretations, and exhibitions in
order to improve museum services provided to the
public;
[(2) assisting museums in developing and maintaining
professionally trained or otherwise experienced staff
to meet the needs of the museums;
[(3) assisting museums in meeting the administrative
costs of preserving and maintaining the collections of
the museums, exhibiting the collections to the public,
and providing educational programs to the public
through the use of the collections;
[(4) assisting museums in cooperating with each other
in developing traveling exhibitions, meeting
transportation costs, and identifying and locating
collections available for loan;
[(5) assisting museums in the conservation of their
collections;
[(6) developing and carrying out specialized programs
for specific segments of the public, such as programs
for urban neighborhoods, rural areas, Indian
reservations, and penal and other State institutions;
and
[(7) model programs demonstrating cooperative efforts
between libraries and museums.
[(b) Contracts and Cooperative Agreements.--
[(1) Projects to strengthen museum services.--The
Director, subject to the policy direction of the Museum
Board, is authorized to enter into contracts and
cooperative agreements with appropriate entities, as
determined by the Director to pay for the Federal share
of enabling the entities to undertake projects designed
to strengthen museum services, except that any
contracts or cooperative agreements entered into
pursuant to this subsection shall be effective only to
such extent or in such amounts as are provided in
appropriations Act.
[(2) Limitation on amount.--The aggregate amount of
financial assistance made available under this
subsection for a fiscal year shall not exceed 15
percent of the amount appropriated under this subtitle
for such fiscal year.
[(3) Operational expenses.--No financial assistance
may be provided under this subsection to pay for
operational expenses.
[(c) Federal Share.--
[(1) 50 Percent.--Except as provided in paragraph
(2), the Federal share described in subsection (a) and
(b) shall be not more than 50 percent.
[(2) Greater than 50 percent.--The Director may use
not more than 20 percent of the funds made available
under this subtitle for a fiscal year to make grants
under subsection (a), or enter into contracts or
agreements under subsection (b), for which the Federal
share may be greater than 50 percent.
[(d) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating grants, contracts, and
cooperative agreements made or entered into under this
subtitle. Procedures for reviewing grant applications or
contracts and cooperative agreements for financial assistance
under this subtitle shall not be subject to any review outside
of the Institute.]
SEC. 274. 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 socio-
economic 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 not
be 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. 274. AWARD.
[The Director, with the advice of the Museum Board, may
annually award a National Award for Museum Service to
outstanding museums that have made significant contributions in
service to their communities.
[SEC. 275. NATIONAL MUSEUM SERVICES BOARD
[(a) Establishment.--There is established in the Institute
a National Museum Services Board.
[(b) Composition and Qualifications.--
[(1) Composition.--The Museum Board shall consist of
the Director and 14 members appointed by the President,
by and with the advice and consent of the Senate.
[(2) Qualificatons.--The appointive members of the
Museum Board shall be selected from among citizens of
the United States--
[(A) who are members of the general public;
[(B) who are or have been affiliated with--
[(i) resources that, collectively,
are broadly representative of the
curatorial, conservation, educational,
and cultural resources of the United
States; or
[(ii) museums that, collectively, are
broadly representative of various types
of museums, including museums relating
to science, history, technology, art,
zoos, and botanical gardens; and
[(C) who are recognized for their broad
knowledge, expertise, or experience in museums
or commitment to museums.
[(3) Geographic and other representation.--Members of
the Museum board shall be appointed to reflect persons
from various geographic regions of the United States.
The Museum Board may not include, at any time, more
than 3 members from a single State. In making such
appointments, the President shall give due regard to
equitable representation of women, minorities, and
persons with disabilities who are involved with
museums.
[(c) Terms--
[(1) In General.--Each appointive member of the
Museum Board shall serve for a term of 5 years, except
that--
[(A) of the members first appointed, 3 shall
serve for terms of 5 years, 3 shall serve for
terms of 4 years, 3 shall serve for terms of 3
years, 3 shall serve for terms of 2 years, and
2 shall serve for terms of 1 year, as
designated by the President at the time of
nomination for appointment; and
[(B) any member appointed to fill a vacancy
shall serve for the remainder of term for which
the predecessor of the member was appointed.
[(2) Reappointement.--No member of the Museum Board
who has been a member for more than 7 consecutive years
shall be eligible for reappointment.
[(3) Service until successor takes office.--
Notwithstanding any other provision of this subsection,
a member of the Museum Board shall serve after the
expiration of the term of the member until the
successor to the member takes office.
[(d) Duties and Powers.--The Museum Board shall have the
responsibility to advise the Director on general policies with
respect to the duties, powers, and authority of the Institute
relating to museum services, including general policies with
respect to--
[(1) financial assistance awarded under this subtitle
for museum services; and
[(2) projects described in section 262(a)(4).
[(e) Chairperson.--The President shall designate 1 of the
appointive members of the Museum Board as Chairperson of the
Museum Board.
[(f) Meetings.--
[(1) In general.--The Museum Board shall meet--
[(A) not less than 3 times each year,
including--
[(i) not less than 2 times each year
separately; and
[(ii) not less than 1 time each year
in a joint meeting with the Commission,
convened for purposes of making general
policies with respect to financial
assistance for projects described in
section 262(a)(4); and
[(B) at the call of the Director.
[(2) Vote.--All decisions by the Museum Board with
respect to the exercise of the duties and powers of the
Museum Board shall be made by a majority vote of the
members of the Museum Board who are present. All
decisions by the Commission and the Museum Board with
respect to the policies described in paragraph
(1)(A)(ii) shall be made by a \2/3\ majority vote of
the total number of the members of the Commission and
the Museum Board who are present.
[(g) Quorum.--A majority of the members of the Museum Board
shall constitute a quorum for the conduct of business at
official meetings of the Museum Board, but a lesser number of
members may hold hearings. A majority of the members of the
Commission and a majority of the members of the Museum Board
shall constitute a quorum for the conduct of business at
official joint meetings of the Commission and the Museum Board.
[(h) Compensation and Travel Expenses.--
[(1) Compensation.--Each member of the Museum Board
who is not an officer or employee of the Federal
Government may be compensated at a rate to be fixed by
the President, but not to exceed the daily equivalent
of the maximum rate authorized for a position above
grade GS-15 of the General Schedule under section 5108
of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Museum Board. All
members of the Museum Board who are officers or
employees of the Federal Government shall serve without
compensation in addition to compensation received for
their services as officers or employees of the Federal
Government.
[(2) Travel expenses.--The members of the Museum
Board may be allowed travel expenses, including per
diem in lieu of subsistence, in the same amounts and to
the same extent, as authorized under section 5703 of
title 5, United States Code, for persons employed
intermittently in Federal Government service.
[(i) Coordination.--The Museum Board, with the advice of
the Director, shall take steps to ensure that the policies and
activities of the Institute are coordinated with other
activities of the Federal Government.]
* * * * * * *
SEC. [276.] 275. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants.--For the purpose of carrying out this subtitle,
there are authorized to be appropriated to the Director
[$28,700,000 for the fiscal year 1997, and such sums as may be
necessary for each of the fiscal years 1998 through 2002]
$41,500,000 for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005 through 2009.
* * * * * * *
PART X--PUBLIC LIBRARIES
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
* * * * * * *
SEC. 4. CONTRIBUTIONS.
The Commission is authorized to [accept, hold, administer,
and utilize gifts, bequests, and devises of property,] solicit,
accept, hold, administer, invest in the name of the United
States, and utilize gifts, bequests, and devises of services or
property, both real and personal, for the purpose of aiding or
facilitating the work of the Commission. Gifts, bequests, and
devises of money and proceeds from sales of other property
received as gifts, bequests, or devises shall be deposited in
the Treasury and shall be available for disbursement upon the
order of the Commission.
* * * * * * *
MEMBERSHIP
Sec. 6. (a) The Commission shall be composed of the
Librarian of Congress, the Director of the Institute of Museum
and Library Services (who shall serve as an ex officio,
nonvoting member), and fourteen members appointed by the
President, by and with the advice and consent of the Senate.
Five members of the Commission shall be professional librarians
or information specialists, and the remainder shall be persons
having special competence in or knowledge of the needs of our
society for library and information services, at least one of
whom shall be knowledgeable with respect to the technological
aspects of library and information services and sciences [and
at least one other of whom shall be knowledgeable with respect
to the library and information service and science needs of the
elderly]. One of the appointive members of the Commission shall
be designated by the President as Chairman of the Commission.
[A majority of members of the Commission shall constitute a
quorum for conduct of business at official meetings of the
Commission.] 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. The terms of office of the appointive members of
the Commission shall be [five years, except that (1) the term
of office of any member of the Commission shall continue until
the earlier of (A) the date on which the member's successor has
been appointed by the President; or (B) July 19 of the year
succeeding the year in which the member's appointed term of
office shall expire, and (2) a member appointed to fill a
vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed only for the
remainder of such term.] 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.
* * * * * * *
ARTS AND ARTIFACTS INDEMNITY ACT
* * * * * * *
INDEMNITY AGREEMENT
Sec. 5. (a) * * *
(b) The aggregate of loss or damage covered by indemnity
agreements made under this Act shall not exceed
[$5,000,000,000] $8,000,000,000, at any one time.
(c) No indemnity agreement for a single exhibition shall
cover loss or damage in excess of [$500,000,000] $600,000,000.
(d) If the estimated value of the items covered by an
indemnity agreement for a single exhibition is--
(1) * * *
* * * * * * *
[(7) $400,000,000 or more, 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.]
(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 damge to items
covered.
* * * * * * *
INTERNAL REVENUE CODE
Subtitle A--Income Taxes
SEC. 170. CHARITABLE, ETC., CONTRIBUTIONS AND GIFTS.
(a) Allowance of Deduction.--
* * * * * * *
(1) * * *
* * * * * * *
(6) * * *
(B) * * *
(i) * * *
(I) * * *
* * * * * * *
(III) a public library
(within the meaning of [section
213(2)(A) of the Library
Services and Technology Act (20
U.S.C. 9122(2)(A))] section
213(1)(A) of the Library
Services and Technology Act (20
U.S.C. 9122(1)(A)), as in
effect on the date of the
enactment of the Community
Renewal Tax Relief Act of 2000,
established and maintained by
an entity described in
subsection (c)(1),
* * * * * * *