    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 991

    Public Law 108-81
    108th Congress

    An Act

    To reauthorize the Museum and Library Services Act, and for other
    purposes. [NOTE: Sept. 25, 2003 -  [H.R. 13]]

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [NOTE: Museum and Library Services
    Act of 2003.] assembled,

    SECTION 1. [NOTE: 20 USC 9101 note.] SHORT TITLE.

    This Act may be cited as the ``Museum and Library Services Act of
    2003''.

    SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.

    TITLE I--GENERAL PROVISIONS

    Sec. 101. General definitions.
    Sec. 102. Institute of Museum and Library Services.
    Sec. 103. Director of the Institute.
    Sec. 104. National Museum and Library Services Board.
    Sec. 105. Awards; analysis of impact of services.

    TITLE II--LIBRARY SERVICES AND TECHNOLOGY

    Sec. 201. Purpose.
    Sec. 202. Definitions.
    Sec. 203. Authorization of appropriations.
    Sec. 204. Reservations and allotments.
    Sec. 205. State plans.
    Sec. 206. Grants to States.
    Sec. 207. National leadership grants, contracts, or cooperative
    agreements.

    TITLE III--MUSEUM SERVICES

    Sec. 301. Purpose.
    Sec. 302. Definitions.
    Sec. 303. Museum services activities.
    Sec. 304. Repeals.
    Sec. 305. Authorization of appropriations.
    Sec. 306. Short title.

    TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT

    Sec. 401. Amendment to contributions.
    Sec. 402. Amendment to membership.

    TITLE V--MISCELLANEOUS PROVISIONS

    Sec. 501. Amendments to Arts and Artifacts Indemnity Act.
    Sec. 502. National children's museum.
    Sec. 503. Conforming amendment.
    Sec. 504. Technical corrections.
    Sec. 505. Repeals.
    Sec. 506. Effective date.

    [[Page 992]]

    117 STAT. 992

    TITLE I--GENERAL PROVISIONS

    SEC. 101. GENERAL DEFINITIONS.

    Section 202 of the Museum and Library Services Act (20 U.S.C. 9101)
    is amended--
    (1) by striking paragraph (1) and inserting the following:
    ``(1) Determined to be obscene.--The term `determined to be
    obscene' means determined, in a final judgment of a court of
    record and of competent jurisdiction in the United States, to be
    obscene.'';
    (2) by striking paragraph (4);
    (3) by redesignating paragraph (3) as paragraph (5);
    (4) by inserting after paragraph (2) the following:
    ``(3) Final judgment.--The term `final judgment' means a
    judgment that is--
    ``(A) not reviewed by any other court that has
    authority to review such judgment; or
    ``(B) not reviewable by any other court.
    ``(4) Indian tribe.--The term `Indian tribe' means any
    tribe, band, nation, or other organized group or community,
    including any Alaska native village, regional corporation, or
    village corporation (as defined in, or established pursuant to,
    the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
    seq.)), which is recognized by the Secretary of the Interior as
    eligible for the special programs and services provided by the
    United States to Indians because of their status as Indians.'';
    and
    (5) by adding at the end the following:
    ``(6) Museum and library services board.--The term `Museum
    and Library Services Board' means the National Museum and
    Library Services Board established under section 207.
    ``(7) Obscene.--The term `obscene' means, with respect to a
    project, that--
    ``(A) the average person, applying contemporary
    community standards, would find that such project, when
    taken as a whole, appeals to the prurient interest;
    ``(B) such project depicts or describes sexual
    conduct in a patently offensive way; and
    ``(C) such project, when taken as a whole, lacks
    serious literary, artistic, political, or scientific
    value.''.

    SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

    Section 203 of the Museum and Library Services Act (20 U.S.C. 9102)
    is amended--
    (1) in subsection (b), by striking the last sentence; and
    (2) by adding at the end the following:

    ``(c) Museum and Library Services Board.--There shall be a National
    Museum and Library Services Board within the Institute, as provided
    under section 207.''.

    SEC. 103. DIRECTOR OF THE INSTITUTE.

    Section 204 of the Museum and Library Services Act (20 U.S.C. 9103)
    is amended--
    (1) in subsection (e), by adding at the end the following:
    ``Where appropriate, the Director shall ensure that activities
    under subtitle B are coordinated with activities under section

    [[Page 993]]

    117 STAT. 993

    1251 of the Elementary and Secondary Education Act of 1965 (20
    U.S.C. 6383).''; and
    (2) by adding at the end the following:

    ``(f) Regulatory Authority.--The Director may promulgate such rules
    and regulations as are necessary and appropriate to implement the
    provisions of this title.
    ``(g) Application Procedures.--
    ``(1) In general.--In order to be eligible to receive
    financial assistance under this title, a person or agency shall
    submit an application in accordance with procedures established
    by the Director by regulation.
    ``(2) Review and evaluation.--The Director shall establish
    procedures for reviewing and evaluating applications submitted
    under this title. Actions of the Institute and the Director in
    the establishment, modification, and revocation of such
    procedures under this Act are vested in the discretion of the
    Institute and the Director. In establishing such procedures, the
    Director shall ensure that the criteria by which applications
    are evaluated are consistent with the purposes of this title,
    taking into consideration general standards of decency and
    respect for the diverse beliefs and values of the American
    public.
    ``(3) Treatment of projects determined to be obscene.--
    ``(A) In general.--The procedures described in
    paragraph (2) shall include provisions that clearly
    specify that obscenity is without serious literary,
    artistic, political, or scientific merit, and is not
    protected speech.
    ``(B) Prohibition.--No financial assistance may be
    provided under this title with respect to any project
    that is determined to be obscene.
    ``(C) Treatment of application disapproval.--The
    disapproval of an application by the Director shall not
    be construed to mean, and shall not be considered as
    evidence that, the project for which the applicant
    requested financial assistance is or is not obscene.''.

    SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.

    The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is
    amended--
    (1) by redesignating section [NOTE: 20 USC 9106.] 207 as
    section 208; and
    (2) by inserting after section 206 the following:

    ``SEC. 207. [NOTE: 20 USC 9105a.] 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) Ten [NOTE: President.] members appointed by
    the President, by and with the advice and consent of the
    Senate, from among

    [[Page 994]]

    117 STAT. 994

    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) Ten [NOTE: President.] 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) five shall be professional librarians or
    information specialists, of whom--
    ``(I) not less than one shall be
    knowledgeable about electronic
    information and technical aspects of
    library and information services and
    sciences; and
    ``(II) not less than one 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) five 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 three appointive members from a single State. In
    making such appointments, the President shall give due regard to
    equitable representation of women, minorities, and persons with
    disabilities who are involved with museums and libraries.
    ``(4) Voting.--The Director, the Deputy Director of the
    Office of Library Services, the Deputy Director of the Office of
    Museum Services, and the Chairman of the National Commission on
    Library and Information Science shall be nonvoting members of
    the Museum and Library Services Board.

    [[Page 995]]

    117 STAT. 995

    ``(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 four
    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.

    [[Page 996]]

    117 STAT. 996

    ``(f) Meetings.--
    ``(1) In general.--The Museum and Library Services Board
    shall meet not less than 2 times each year and at the call of
    the Director.
    ``(2) Vote.--All decisions by the Museum and Library
    Services Board with respect to the exercise of its duties and
    powers shall be made by a majority vote of the members of the
    Board who are present and authorized to vote.

    ``(g) Quorum.--A majority of the voting members of the Museum and
    Library Services Board shall constitute a quorum for the conduct of
    business at official meetings, but a lesser number of members may hold
    hearings.
    ``(h) Compensation and Travel Expenses.--
    ``(1) Compensation.--Each member of the Museum and Library
    Services Board who is not an officer or employee of the Federal
    Government may be compensated at a rate to be fixed by the
    President, but not to exceed the daily equivalent of the maximum
    annual rate of pay authorized for a position above grade GS-15
    of the General Schedule under section 5108 of title 5, United
    States Code, for each day (including travel time) during which
    such member is engaged in the performance of the duties of the
    Museum and Library Services Board. Members of the Museum and
    Libraries Services Board who are full-time officers or employees
    of the Federal Government may not receive additional pay,
    allowances, or benefits by reason of their service on the Museum
    and Library Services Board.
    ``(2) Travel expenses.--Each member of the Museum and
    Library Services Board shall receive travel expenses, including
    per diem in lieu of subsistence, in accordance with applicable
    provisions under subchapter I of chapter 57 of title 5, United
    States Code.

    ``(i) Coordination.--The Director, with the advice of the Museum and
    Library Services Board, shall take steps to ensure that the policies and
    activities of the Institute are coordinated with other activities of the
    Federal Government.''.

    SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.

    The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is
    amended by inserting after section 208 (as redesignated by section 104
    of this Act) the following:

    ``SEC. 209. [NOTE: 20 USC 9107.] 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. [NOTE: 20 USC 9108.] ANALYSIS OF IMPACT OF MUSEUM AND
    LIBRARY SERVICES.

    ``From amounts [NOTE: Publication.] 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;

    [[Page 997]]

    117 STAT. 997

    ``(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. [NOTE: 20 USC 9109.] PROHIBITION ON USE OF FUNDS FOR
    CONSTRUCTION.

    ``No funds appropriated to carry out the Museum and Library Services
    Act, the Library Services and Technology Act, or the Museum Services Act
    may be used for construction expenses.''.

    TITLE II--LIBRARY SERVICES AND TECHNOLOGY

    SEC. 201. PURPOSE.

    Section 212 of the Library Services and Technology Act (20 U.S.C.
    9121) is amended by striking paragraphs (2) through (5) and inserting
    the following:
    ``(2) to promote improvement in library services in all
    types of libraries in order to better serve the people of the
    United States;
    ``(3) to facilitate access to resources in all types of
    libraries for the purpose of cultivating an educated and
    informed citizenry; and
    ``(4) to encourage resource sharing among all types of
    libraries for the purpose of achieving economical and efficient
    delivery of library services to the public.''.

    SEC. 202. DEFINITIONS.

    Section 213 of the Library Services and Technology Act (20 U.S.C.
    9122) is amended--
    (1) by striking paragraph (1); and
    (2) by redesignating paragraphs (2), (3), (4), (5), and (6)
    as paragraphs (1), (2), (3), (4), and (5), respectively.

    SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    Section 214 of the Library Services and Technology Act (20 U.S.C.
    9123) is amended--
    (1) by striking subsection (a) and inserting the following:

    ``(a) In General.--There are authorized to be appropriated to carry
    out this subtitle $232,000,000 for fiscal year 2004 and such sums as may
    be necessary for fiscal years 2005 through 2009.''; and
    (2) in subsection (c), by striking ``3 percent'' and
    inserting ``3.5 percent''.

    SEC. 204. RESERVATIONS AND ALLOTMENTS.

    Section 221(b)(3) of the Library Services and Technology Act (20
    U.S.C. 9131(b)(3)) is amended to read as follows:
    ``(3) Minimum allotments.--
    ``(A) In general.--For purposes of this subsection,
    the minimum allotment for each State shall be $340,000,
    except that the minimum allotment shall be $40,000 in
    the case

    [[Page 998]]

    117 STAT. 998

    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 [NOTE: Grants.] Director shall award grants
    pursuant to clause (i) on a competitive basis

    [[Page 999]]

    117 STAT. 999

    and after taking into consideration available
    recommendations from the Pacific Region
    Educational Laboratory in Honolulu, Hawaii.
    ``(iii) Administrative costs.--The Director
    may provide not more than 5 percent of the funds
    made available for grants under this subparagraph
    to pay the administrative costs of the Pacific
    Region Educational Laboratory regarding activities
    assisted under this subparagraph.''.

    SEC. 205. STATE PLANS.

    Section 224 of the Library Services and Technology Act (20 U.S.C.
    9134) is amended--
    (1) in subsection (a)(1), by striking ``not later than April
    1, 1997.'' and inserting ``once every 5 years, as determined by
    the Director.''; and
    (2) in subsection (f)--
    (A) by striking ``this Act'' each place such term
    appears and inserting ``this subtitle'';
    (B) in paragraph (1)--
    (i) by striking ``section 213(2)(A) or (B)''
    and inserting ``section 213(1)(A) or (B)''; and
    (ii) by striking ``1934,'' and all that
    follows through ``Act, may'' and inserting ``1934
    (47 U.S.C. 254(h)(6)) may''; and
    (C) in paragraph (7)--
    (i) in the matter preceding subparagraph (A),
    by striking ``section:'' and inserting
    ``subsection:''; and
    (ii) in subparagraph (D), by striking
    ``given'' and inserting ``applicable to''.

    SEC. 206. GRANTS TO STATES.

    Section 231 of the Library Services and Technology Act (20 U.S.C.
    9141) is amended--
    (1) in subsection (a), by striking paragraphs (1) and (2)
    and inserting the following:
    ``(1) expanding services for learning and access to
    information and educational resources in a variety of formats,
    in all types of libraries, for individuals of all ages;
    ``(2) developing library services that provide all users
    access to information through local, State, regional, national,
    and international electronic networks;
    ``(3) providing electronic and other linkages among and
    between all types of libraries;
    ``(4) developing public and private partnerships with other
    agencies and community-based organizations;
    ``(5) targeting library services to individuals of diverse
    geographic, cultural, and socioeconomic backgrounds, to
    individuals with disabilities, and to individuals with limited
    functional literacy or information skills; and
    ``(6) targeting library and information services to persons
    having difficulty using a library and to underserved urban and
    rural communities, including children (from birth through age
    17) from families with incomes below the poverty line (as
    defined by the Office of Management and Budget and revised
    annually in accordance with section 673(2) of the Community
    Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
    family of the size involved.''; and

    [[Page 1000]]

    117 STAT. 1000

    (2) in subsection (b), by striking ``between the two
    purposes described in paragraphs (1) and (2) of such
    subsection,'' and inserting ``among such purposes,''.

    SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR COOPERATIVE
    AGREEMENTS.

    Section 262(a)(1) of the Library Services and Technology Act (20
    U.S.C. 9162(a)(1)) is amended by striking ``education and training'' and
    inserting ``education, recruitment, and training''.

    TITLE III--MUSEUM SERVICES

    SEC. 301. PURPOSE.

    Section 271 of the Museum and Library Services Act (20 U.S.C. 9171)
    is amended to read as follows:

    ``SEC. 271. PURPOSE.

    ``It is the purpose of this subtitle--
    ``(1) to encourage and support museums in carrying out their
    public service role of connecting the whole of society to the
    cultural, artistic, historical, natural, and scientific
    understandings that constitute our heritage;
    ``(2) to encourage and support museums in carrying out their
    educational role, as core providers of learning and in
    conjunction with schools, families, and communities;
    ``(3) to encourage leadership, innovation, and applications
    of the most current technologies and practices to enhance museum
    services;
    ``(4) to assist, encourage, and support museums in carrying
    out their stewardship responsibilities to achieve the highest
    standards in conservation and care of the cultural, historic,
    natural, and scientific heritage of the United States to benefit
    future generations;
    ``(5) to assist, encourage, and support museums in achieving
    the highest standards of management and service to the public,
    and to ease the financial burden borne by museums as a result of
    their increasing use by the public; and
    ``(6) to support resource sharing and partnerships among
    museums, libraries, schools, and other community
    organizations.''.

    SEC. 302. DEFINITIONS.

    Section 272(1) of the Museum and Library Services Act (20 U.S.C.
    9172(1)) is amended by adding at the end the following: ``Such term
    includes aquariums, arboretums, botanical gardens, art museums,
    children's museums, general museums, historic houses and sites, history
    museums, nature centers, natural history and anthropology museums,
    planetariums, science and technology centers, specialized museums, and
    zoological parks.''.

    SEC. 303. MUSEUM SERVICES ACTIVITIES.

    Section 273 of the Museum and Library Services Act (20 U.S.C. 9173)
    is amended to read as follows:

    [[Page 1001]]

    117 STAT. 1001

    ``SEC. 273. MUSEUM SERVICES ACTIVITIES.

    ``(a) In General.--The Director, subject to the policy advice of the
    Museum and Library Services Board, may enter into arrangements,
    including grants, contracts, cooperative agreements, and other forms of
    assistance, with museums and other entities as the Director considers
    appropriate, to pay the Federal share of the cost of--
    ``(1) supporting museums in providing learning and access to
    collections, information, and educational resources in a variety
    of formats (including exhibitions, programs, publications, and
    websites) for individuals of all ages;
    ``(2) supporting museums in building learning partnerships
    with the Nation's schools and developing museum resources and
    programs in support of State and local school curricula;
    ``(3) supporting museums in assessing, conserving,
    researching, maintaining, and exhibiting their collections, and
    in providing educational programs to the public through the use
    of their collections;
    ``(4) stimulating greater collaboration among museums,
    libraries, schools, and other community organizations in order
    to share resources and strengthen communities;
    ``(5) encouraging the use of new technologies and broadcast
    media to enhance access to museum collections, programs, and
    services;
    ``(6) supporting museums in providing services to people of
    diverse geographic, cultural, and socioeconomic backgrounds and
    to individuals with disabilities;
    ``(7) supporting museums in developing and carrying out
    specialized programs for specific segments of the public, such
    as programs for urban neighborhoods, rural areas, Indian
    reservations, and State institutions;
    ``(8) supporting professional development and technical
    assistance programs to enhance museum operations at all levels,
    in order to ensure the highest standards in all aspects of
    museum operations;
    ``(9) supporting museums in research, program evaluation,
    and the collection and dissemination of information to museum
    professionals and the public; and
    ``(10) encouraging, supporting, and disseminating model
    programs of museum and library collaboration.

    ``(b) Federal Share.--
    ``(1) 50 percent.--Except as provided in paragraph (2), the
    Federal share described in subsection (a) shall be not more than
    50 percent.
    ``(2) Greater than 50 percent.--The Director may use not
    more than 20 percent of the funds made available under this
    subtitle for a fiscal year to enter into arrangements under
    subsection (a) for which the Federal share may be greater than
    50 percent.
    ``(3) Operational expenses.--No funds for operational
    expenses may be provided under this section to any entity that
    is not a museum.

    ``(c) Review and Evaluation.--
    ``(1) In general.--The [NOTE: Procedures.] Director shall
    establish procedures for reviewing and evaluating arrangements
    described in subsection (a) entered into under this subtitle.
    ``(2) Applications for technical assistance.--

    [[Page 1002]]

    117 STAT. 1002

    ``(A) In general.--The Director may use not more
    than 10 percent of the funds appropriated to carry out
    this subtitle for technical assistance awards.
    ``(B) Individual museums.--Individual museums may
    receive not more than 3 technical assistance awards
    under subparagraph (A), but subsequent awards for
    technical assistance shall be subject to review outside
    the Institute.

    ``(d) Services for Native Americans.--From amounts appropriated
    under section 275, the Director shall reserve 1.75 percent to award
    grants to, or enter into contracts or cooperative agreements with,
    Indian tribes and organizations that primarily serve and represent
    Native Hawaiians (as defined in section 7207 of the Native Hawaiian
    Education Act (20 U.S.C. 7517)), to enable such tribes and organizations
    to carry out the activities described in subsection (a).''.

    SEC. 304. REPEALS.

    Sections 274 and 275 of the Museum and Library Services Act (20
    U.S.C. 9174 and 9175) are repealed.

    SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    Section 276 of the Museum and Library Services Act (20 U.S.C. 9176)
    is amended--
    (1) in subsection (a), by striking ``$28,700,000 for the
    fiscal year 1997, and such sums as may be necessary for each of
    the fiscal years 1998 through 2002.'' and inserting
    ``$38,600,000 for fiscal year 2004 and such sums as may be
    necessary for fiscal years 2005 through 2009.''; and
    (2) by redesignating such section as section 275 of such
    Act.

    SEC. 306. SHORT TITLE.

    Subtitle C of the Museum and Library Services Act (20 U.S.C. 9171 et
    seq.) is amended--
    (1) by redesignating sections [NOTE: 20 USC 9171-
    9173.] 271, 272, and 273 as sections 272, 273, and 274,
    respectively; and
    (2) by inserting after the subtitle heading the following:

    ``SEC. 271. [NOTE: Popular name. 20 USC 9101 note.] SHORT TITLE.

    ``This subtitle may be cited as the `Museum Services Act'.''.

    TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT

    SEC. 401. AMENDMENT TO CONTRIBUTIONS.

    Section 4 of the National Commission on Libraries and Information
    Science Act (20 U.S.C. 1503) is amended by striking ``accept, hold,
    administer, and utilize gifts, bequests, and devises of property,'' and
    inserting ``solicit, accept, hold, administer, invest in the name of the
    United States, and utilize gifts, bequests, and devises of services or
    property,''.

    SEC. 402. AMENDMENT TO MEMBERSHIP.

    Section 6(a) of the National Commission on Libraries and Information
    Science Act (20 U.S.C. 1505(a)) is amended--

    [[Page 1003]]

    117 STAT. 1003

    (1) in the second sentence, by striking ``and at least one
    other of whom shall be knowledgeable with respect to the library
    and information service and science needs of the elderly'';
    (2) by striking the fourth sentence and inserting the
    following: ``A majority of members of the Commission who have
    taken office and are serving on the Commission shall constitute
    a quorum for conduct of business at official meetings of the
    Commission''; and
    (3) in the fifth sentence, by striking ``five years, except
    that'' and all that follows through the period and inserting
    ``five years, except that--
    ``(1) a member of the Commission appointed to fill a vacancy
    occurring prior to the expiration of the term for which the
    member's predecessor was appointed, shall be appointed only for
    the remainder of such term; and
    ``(2) any member of the Commission may continue to serve
    after an expiration of the member's term of office until such
    member's successor is appointed, has taken office, and is
    serving on the Commission.''.

    TITLE V--MISCELLANEOUS PROVISIONS

    SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS INDEMNITY ACT.

    Section 5 of the Arts and Artifacts Indemnity Act (20 U.S.C. 974) is
    amended--
    (1) in subsection (b), by striking ``$5,000,000,000'' and
    inserting ``$8,000,000,000'';
    (2) in subsection (c), by striking ``$500,000,000'' and
    inserting ``$600,000,000''; and
    (3) in subsection (d)--
    (A) in paragraph (6), by striking ``or'' after the
    semicolon; and
    (B) by striking paragraph (7) and inserting the
    following:
    ``(7) not less than $400,000,000 but less than $500,000,000,
    then coverage under this chapter shall extend only to loss or
    damage in excess of the first $400,000 of loss or damage to
    items covered; or
    ``(8) $500,000,000 or more, then coverage under this chapter
    shall extend only to loss or damage in excess of the first
    $500,000 of loss or damage to items covered.''.

    SEC. 502. [NOTE: Washington, DC. 20 USC 956a note.] NATIONAL
    CHILDREN'S MUSEUM.

    (a) Designation.--The Capital Children's Museum located at 800 Third
    Street, NE, Washington, D.C. (or any successor location), organized
    under the laws of the District of Columbia, is designated as the
    ``National Children's Museum''.
    (b) References.--Any [NOTE: 20 USC 956a.] reference in a law, map,
    regulation, document, paper, or other record of the United States to the
    Capital Children's Museum referred to in subsection (a) shall be deemed
    to be a reference to the ``National Children's Museum''.

    SEC. 503. CONFORMING AMENDMENT.

    Section 170(e)(6)(B)(i)(III) [NOTE: 26 USC 170.] of the Internal
    Revenue Code of 1986 (relating to the special rule for contributions of
    computer technology and equipment for educational purposes) is amended
    by striking

    [[Page 1004]]

    117 STAT. 1004

    ``section 213(2)(A) of the Library Services and Technology Act (20
    U.S.C. 9122(2)(A)'' and inserting ``section 213(1)(A) of the Library
    Services and Technology Act (20 U.S.C. 9122(1)(A))''.

    SEC. 504. TECHNICAL CORRECTIONS.

    (a) Title Heading.--The title heading for the Museum and Library
    Services Act (20 U.S.C. 9101 et seq.) is amended to read as follows:

    ``TITLE II--MUSEUM AND LIBRARY SERVICES''.

    (b) Subtitle A Heading.--The subtitle heading for subtitle A of the
    Museum and Library Services Act (20 U.S.C. 9101 et seq.) is amended to
    read as follows:

    ``Subtitle A--General Provisions''.

    (c) Subtitle B Heading.--The subtitle heading for subtitle B of the
    Museum and Library Services Act (20 U.S.C. 9121 et seq.) is amended to
    read as follows:

    ``Subtitle B--Library Services and Technology''.

    (d) Subtitle C Heading.--The subtitle heading for subtitle C of the
    Museum and Library Services Act (20 U.S.C. 9171 et seq.) is amended to
    read as follows:

    ``Subtitle C--Museum Services''.

    (e) Contributions.--Section 208 of the Museum and Library Services
    Act (20 U.S.C. 9106) (as redesignated by section 104 of this Act) is
    amended by striking ``property of services'' and inserting ``property or
    services''.
    (f) State Plan Contents.--Section 224(b)(5) of the Library Services
    and Technology Act (20 U.S.C. 9134(b)(5)) is amended by striking ``and''
    at the end.
    (g) National Leadership Grants, Contracts, or Cooperative
    Agreements.--Section 262(b)(1) of the Library Services and Technology
    Act (20 U.S.C. 9162(b)(1)) is amended by striking ``cooperative
    agreements, with,'' and inserting ``cooperative agreements with,''.

    SEC. 505. REPEALS.

    (a) National Commission on Libraries and Information Science Act.--
    Section 5 of the National Commission on Libraries and Information
    Science Act (20 U.S.C. 1504) is amended--
    (1) by striking subsections (b) and (c); and
    (2) by redesignating subsections (d), (e), and (f) as
    subsections (b), (c), and (d), respectively.

    (b) Museum and Library Services Act of 1996.--Sections 704 through
    707 of the Museum and Library Services Act of 1996 (20 U.S.C. 9102 note,
    9103 note, and 9105 note) are repealed.

    [[Page 1005]]

    117 STAT. 1005]]

    SEC. 506. [NOTE: 20 USC 9101 note.] EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of
    enactment of this Act, except that the amendments made by sections 203,
    204, and 305 of this Act shall take effect on October 1, 2003.

    Approved September 25, 2003.

    LEGISLATIVE HISTORY--H.R. 13 (S. 888):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-16 (Comm. on Education and the Workforce).
    SENATE REPORTS: No. 108-83 accompanying S. 888 (Comm. on Health,
    Education, Labor, and Pensions).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Mar. 6, considered and passed House.
    Aug. 1, considered and passed Senate, amended, in lieu of S.
    888.
    Sept. 16, House concurred in Senate amendment.