In the Senate of the United States,

August 1 (legislative day, July 21), 2003.

Resolved, That the bill from the House of Representatives (H.R. 13) entitled ‘‘An Act to reauthorize the Museum

and Library Services Act, and for other purposes.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Museum and Library

3 Services Act of 2003’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 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.

3 TITLE I—GENERAL PROVISIONS

4 SEC. 101. GENERAL DEFINITIONS.

5 Section 202 of the Museum and Library Services Act

6 (20 U.S.C. 9101) is amended—
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1 (1) by striking paragraph (1) and inserting the

2 following:

3 ‘‘(1) DETERMINED TO BE OBSCENE.—The term

4 ‘determined to be obscene’ means determined, in a

5 final judgment of a court of record and of competent

6 jurisdiction in the United States, to be obscene.’’;

7 (2) by striking paragraph (4);

8 (3) by redesignating paragraph (3) as para9 graph (5);

10 (4) by inserting after paragraph (2) the fol11 lowing:

12 ‘‘(3) FINAL JUDGMENT.—The term ‘final judg13 ment’ means a judgment that is—

14 ‘‘(A) not reviewed by any other court that

15 has authority to review such judgment; or

16 ‘‘(B) not reviewable by any other court.

17 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’

18 means any tribe, band, nation, or other organized

19 group or community, including any Alaska native

20 village, regional corporation, or village corporation

21 (as defined in, or established pursuant to, the Alaska

22 Native Claims Settlement Act (43 U.S.C. 1601 et

23 seq.)), which is recognized by the Secretary of the In24 terior as eligible for the special programs and services
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1 provided by the United States to Indians because of

2 their status as Indians.’’; and

3 (5) by adding at the end the following:

4 ‘‘(6) MUSEUM AND LIBRARY SERVICES BOARD.—

5 The term ‘Museum and Library Services Board’

6 means the National Museum and Library Services

7 Board established under section 207.

8 ‘‘(7) OBSCENE.—The term ‘obscene’ means, with

9 respect to a project, that—

10 ‘‘(A) the average person, applying contem11 porary community standards, would find that

12 such project, when taken as a whole, appeals to

13 the prurient interest;

14 ‘‘(B) such project depicts or describes sexual

15 conduct in a patently offensive way; and

16 ‘‘(C) such project, when taken as a whole,

17 lacks serious literary, artistic, political, or sci18 entific value.’’.

19 SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

20 Section 203 of the Museum and Library Services Act

21 (20 U.S.C. 9102) is amended—

22 (1) in subsection (b), by striking the last sen23 tence; and

24 (2) by adding at the end the following:
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1 ‘‘(c) MUSEUM AND LIBRARY SERVICES BOARD.—There

2 shall be a National Museum and Library Services Board

3 within the Institute, as provided under section 207.’’.

4 SEC. 103. DIRECTOR OF THE INSTITUTE.

5 Section 204 of the Museum and Library Services Act

6 (20 U.S.C. 9103) is amended—

7 (1) in subsection (e), by adding at the end the

8 following: ‘‘Where appropriate, the Director shall en9 sure that activities under subtitle B are coordinated

10 with activities under section 1251 of the Elementary

11 and Secondary Education Act of 1965 (20 U.S.C.

12 6383).’’; and

13 (2) by adding at the end the following:

14 ‘‘(f) REGULATORY AUTHORITY.—The Director may

15 promulgate such rules and regulations as are necessary and

16 appropriate to implement the provisions of this title.

17 ‘‘(g) APPLICATION PROCEDURES.—

18 ‘‘(1) IN GENERAL.—In order to be eligible to re19 ceive financial assistance under this title, a person or

20 agency shall submit an application in accordance

21 with procedures established by the Director by regula22 tion.

23 ‘‘(2) REVIEW AND EVALUATION.—The Director

24 shall establish procedures for reviewing and evalu25 ating applications submitted under this title. Actions
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1 of the Institute and the Director in the establishment,

2 modification, and revocation of such procedures under

3 this Act are vested in the discretion of the Institute

4 and the Director. In establishing such procedures, the

5 Director shall ensure that the criteria by which appli6 cations are evaluated are consistent with the purposes

7 of this title, taking into consideration general stand8 ards of decency and respect for the diverse beliefs and

9 values of the American public.

10 ‘‘(3) TREATMENT OF PROJECTS DETERMINED TO

11 BE OBSCENE.—

12 ‘‘(A) IN GENERAL.—The procedures de13 scribed in paragraph (2) shall include provisions

14 that clearly specify that obscenity is without se15 rious literary, artistic, political, or scientific

16 merit, and is not protected speech.

17 ‘‘(B) PROHIBITION.—No financial assist18 ance may be provided under this title with re19 spect to any project that is determined to be ob20 scene.

21 ‘‘(C) TREATMENT OF APPLICATION DIS22 APPROVAL.—The disapproval of an application

23 by the Director shall not be construed to mean,

24 and shall not be considered as evidence that, the
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1 project for which the applicant requested finan2 cial assistance is or is not obscene.’’.

3 SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES

4 BOARD.

5 The Museum and Library Services Act (20 U.S.C.

6 9101 et seq.) is amended—

7 (1) by redesignating section 207 as section 208;

8 and

9 (2) by inserting after section 206 the following:

10 ‘‘SEC. 207. NATIONAL MUSEUM AND LIBRARY SERVICES

11 BOARD.

12 ‘‘(a) ESTABLISHMENT.—There is established within

13 the Institute a board to be known as the ‘National Museum

14 and Library Services Board’.

15 ‘‘(b) MEMBERSHIP.—

16 ‘‘(1) NUMBER AND APPOINTMENT.—The Museum

17 and Library Services Board shall be composed of the

18 following:

19 ‘‘(A) The Director.

20 ‘‘(B) The Deputy Director for the Office of

21 Library Services.

22 ‘‘(C) The Deputy Director for the Office of

23 Museum Services.

24 ‘‘(D) The Chairman of the National Com25 mission on Libraries and Information Science.
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1 ‘‘(E) 10 members appointed by the Presi2 dent, by and with the advice and consent of the

3 Senate, from among individuals who are citizens

4 of the United States and who are specially quali5 fied by virtue of their education, training, or ex6 perience in the area of library services, or their

7 commitment to libraries.

8 ‘‘(F) 10 members appointed by the Presi9 dent, by and with the advice and consent of the

10 Senate, from among individuals who are citizens

11 of the United States and who are specially quali12 fied by virtue of their education, training, or ex13 perience in the area of museum services, or their

14 commitment to museums.

15 ‘‘(2) SPECIAL QUALIFICATIONS.—

16 ‘‘(A) LIBRARY MEMBERS.—Of the members

17 of the Museum and Library Services Board ap18 pointed under paragraph (1)(E)—

19 ‘‘(i) 5 shall be professional librarians

20 or information specialists, of whom—

21 ‘‘(I) not less than 1 shall be

22 knowledgeable about electronic infor23 mation and technical aspects of library

24 and information services and sciences;

25 and
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1 ‘‘(II) not less than 1 other shall be

2 knowledgeable about the library and

3 information service needs of under4 served communities; and

5 ‘‘(ii) the remainder shall have special

6 competence in, or knowledge of, the needs

7 for library and information services in the

8 United States.

9 ‘‘(B) MUSEUM MEMBERS.—Of the members

10 of the Museum and Library Services Board ap11 pointed under paragraph (1)(F)—

12 ‘‘(i) 5 shall be museum professionals

13 who are or have been affiliated with—

14 ‘‘(I) resources that, collectively,

15 are broadly representative of the cura16 torial, conservation, educational, and

17 cultural resources of the United States;

18 or

19 ‘‘(II) museums that, collectively,

20 are broadly representative of various

21 types of museums, including museums

22 relating to science, history, technology,

23 art, zoos, botanical gardens, and muse24 ums designed for children; and
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1 ‘‘(ii) the remainder shall be individ2 uals recognized for their broad knowledge,

3 expertise, or experience in museums or com4 mitment to museums.

5 ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA6 TION.—Members of the Museum and Library Services

7 Board shall be appointed to reflect persons from var8 ious geographic regions of the United States. The Mu9 seum and Library Services Board may not include,

10 at any time, more than 3 appointive members from

11 a single State. In making such appointments, the

12 President shall give due regard to equitable represen13 tation of women, minorities, and persons with dis14 abilities who are involved with museums and librar15 ies.

16 ‘‘(4) VOTING.—The Director, the Deputy Direc17 tor of the Office of Library Services, the Deputy Di18 rector of the Office of Museum Services, and the

19 Chairman of the National Commission on Library

20 and Information Science shall be nonvoting members

21 of the Museum and Library Services Board.

22 ‘‘(c) TERMS.—

23 ‘‘(1) IN GENERAL.—Except as otherwise provided

24 in this subsection, each member of the Museum and

25 Library Services Board appointed under subpara-
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1 graph (E) or (F) of subsection (b)(1) shall serve for

2 a term of 5 years.

3 ‘‘(2) INITIAL BOARD APPOINTMENTS.—

4 ‘‘(A) TREATMENT OF MEMBERS SERVING ON

5 EFFECTIVE DATE.—Notwithstanding subsection

6 (b), each individual who is a member of the Na7 tional Museum Services Board on the date of en8 actment of the Museum and Library Services Act

9 of 2003, may, at the individual’s election, com10 plete the balance of the individual’s term as a

11 member of the Museum and Library Services

12 Board.

13 ‘‘(B) FIRST APPOINTMENTS.—Notwith14 standing subsection (b), any appointive vacancy

15 in the initial membership of the Museum and

16 Library Services Board existing after the appli17 cation of subparagraph (A), and any vacancy in

18 such membership subsequently created by reason

19 of the expiration of the term of an individual de20 scribed in subparagraph (A), shall be filled by

21 the appointment of a member described in sub22 section (b)(1)(E). When the Museum and Li23 brary Services Board consists of an equal num24 ber of individuals who are specially qualified in

25 the area of library services and individuals who
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1 are specially qualified in the area of museum

2 services, this subparagraph shall cease to be effec3 tive and the board shall be appointed in accord4 ance with subsection (b).

5 ‘‘(C) AUTHORITY TO ADJUST TERMS.—The

6 terms of the first members appointed to the Mu7 seum and Library Service Board shall be ad8 justed by the President as necessary to ensure

9 that the terms of not more than 4 members ex10 pire in the same year. Such adjustments shall be

11 carried out through designation of the adjusted

12 term at the time of appointment.

13 ‘‘(3) VACANCIES.—Any member appointed to fill

14 a vacancy shall serve for the remainder of the term

15 for which the predecessor of the member was ap16 pointed.

17 ‘‘(4) REAPPOINTMENT.—No appointive member

18 of the Museum and Library Services Board who has

19 been a member for more than 7 consecutive years

20 shall be eligible for reappointment.

21 ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF22 FICE.—Notwithstanding any other provision of this

23 subsection, an appointive member of the Museum and

24 Library Services Board shall serve after the expira-
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1 tion of the term of the member until the successor to

2 the member takes office.

3 ‘‘(d) DUTIES AND POWERS.—

4 ‘‘(1) IN GENERAL.—The Museum and Library

5 Services Board shall advise the Director on general

6 policies with respect to the duties, powers, and au7 thority of the Institute relating to museum and li8 brary services, including financial assistance awarded

9 under this title.

10 ‘‘(2) NATIONAL AWARDS.—The Museum and Li11 brary Services Board shall advise the Director in

12 making awards under section 209.

13 ‘‘(e) CHAIRPERSON.—The Director shall serve as

14 Chairperson of the Museum and Library Services Board.

15 ‘‘(f) MEETINGS.—

16 ‘‘(1) IN GENERAL.—The Museum and Library

17 Services Board shall meet not less than 2 times each

18 year and at the call of the Director.

19 ‘‘(2) VOTE.—All decisions by the Museum and

20 Library Services Board with respect to the exercise of

21 its duties and powers shall be made by a majority

22 vote of the members of the Board who are present and

23 authorized to vote.

24 ‘‘(g) QUORUM.—A majority of the voting members of

25 the Museum and Library Services Board shall constitute
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1 a quorum for the conduct of business at official meetings,

2 but a lesser number of members may hold hearings.

3 ‘‘(h) COMPENSATION AND TRAVEL EXPENSES.—

4 ‘‘(1) COMPENSATION.—Each member of the Mu5 seum and Library Services Board who is not an offi6 cer or employee of the Federal Government may be

7 compensated at a rate to be fixed by the President,

8 but not to exceed the daily equivalent of the max9 imum annual rate of pay authorized for a position

10 above grade GS–15 of the General Schedule under sec11 tion 5108 of title 5, United States Code, for each day

12 (including travel time) during which such member is

13 engaged in the performance of the duties of the Mu14 seum and Library Services Board. Members of the

15 Museum and Libraries Services Board who are full16 time officers or employees of the Federal Government

17 may not receive additional pay, allowances, or bene18 fits by reason of their service on the Museum and Li19 brary Services Board.

20 ‘‘(2) TRAVEL EXPENSES.—Each member of the

21 Museum and Library Services Board shall receive

22 travel expenses, including per diem in lieu of subsist23 ence, in accordance with applicable provisions under

24 subchapter I of chapter 57 of title 5, United States

25 Code.
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1 ‘‘(i) COORDINATION.—The Director, with the advice of

2 the Museum and Library Services Board, shall take steps

3 to ensure that the policies and activities of the Institute are

4 coordinated with other activities of the Federal Govern5 ment.’’.

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

7 The Museum and Library Services Act (20 U.S.C.

8 9101 et seq.) is amended by inserting after section 208 (as

9 redesignated by section 104 of this Act) the following:

10 ‘‘SEC. 209. AWARDS.

11 ‘‘The Director, with the advice of the Museum and Li12 brary Services Board, may annually award National

13 Awards for Library Service and National Awards for Mu14 seum Service to outstanding libraries and outstanding mu15 seums, respectively, that have made significant contribu16 tions in service to their communities.

17 ‘‘SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND LIBRARY

18 SERVICES.

19 ‘‘From amounts described in sections 214(c) and

20 275(b), the Director shall carry out and publish analyses

21 of the impact of museum and library services. Such

22 analyses—

23 ‘‘(1) shall be conducted in ongoing consultation

24 with—

25 ‘‘(A) State library administrative agencies;
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1 ‘‘(B) State, regional, and national library

2 and museum organizations; and

3 ‘‘(C) other relevant agencies and organiza4 tions;

5 ‘‘(2) shall identify national needs for, and trends

6 of, museum and library services provided with funds

7 made available under subtitles B and C;

8 ‘‘(3) shall report on the impact and effectiveness

9 of programs conducted with funds made available by

10 the Institute in addressing such needs; and

11 ‘‘(4) shall identify, and disseminate information

12 on, the best practices of such programs to the agencies

13 and entities described in paragraph (1).

14 ‘‘SEC. 210A. PROHIBITION ON USE OF FUNDS FOR CON15 STRUCTION.

16 ‘‘No funds appropriated to carry out the Museum and

17 Library Services Act, the Library Services and Technology

18 Act, or the Museum Services Act may be used for construc19 tion expenses.’’.

20 TITLE II—LIBRARY SERVICES

21 AND TECHNOLOGY

22 SEC. 201. PURPOSE.

23 Section 212 of the Library Services and Technology

24 Act (20 U.S.C. 9121) is amended by striking paragraphs

25 (2) through (5) and inserting the following:
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1 ‘‘(2) to promote improvement in library services

2 in all types of libraries in order to better serve the

3 people of the United States;

4 ‘‘(3) to facilitate access to resources in all types

5 of libraries for the purpose of cultivating an educated

6 and informed citizenry; and

7 ‘‘(4) to encourage resource sharing among all

8 types of libraries for the purpose of achieving eco9 nomical and efficient delivery of library services to

10 the public.’’.

11 SEC. 202. DEFINITIONS.

12 Section 213 of the Library Services and Technology

13 Act (20 U.S.C. 9122) is amended—

14 (1) by striking paragraph (1); and

15 (2) by redesignating paragraphs (2), (3), (4),

16 (5), and (6) as paragraphs (1), (2), (3), (4), and (5),

17 respectively.

18 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

19 Section 214 of the Library Services and Technology

20 Act (20 U.S.C. 9123) is amended—

21 (1) by striking subsection (a) and inserting the

22 following:

23 ‘‘(a) IN GENERAL.—There are authorized to be appro24 priated to carry out this subtitle $232,000,000 for fiscal
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1 year 2004 and such sums as may be necessary for fiscal

2 years 2005 through 2009.’’; and

3 (2) in subsection (c), by striking ‘‘3 percent’’ and

4 inserting ‘‘3.5 percent’’.

5 SEC. 204. RESERVATIONS AND ALLOTMENTS.

6 Section 221(b)(3) of the Library Services and Tech7 nology Act (20 U.S.C. 9131(b)(3)) is amended to read as

8 follows:

9 ‘‘(3) MINIMUM ALLOTMENTS.—

10 ‘‘(A) IN GENERAL.—For purposes of this

11 subsection, the minimum allotment for each

12 State shall be $340,000, except that the min13 imum allotment shall be $40,000 in the case of

14 the United States Virgin Islands, Guam, Amer15 ican Samoa, the Commonwealth of the Northern

16 Mariana Islands, the Republic of the Marshall

17 Islands, the Federated States of Micronesia, and

18 the Republic of Palau.

19 ‘‘(B) RATABLE REDUCTIONS.—Notwith20 standing subparagraph (A), if the sum appro21 priated under the authority of section 214 and

22 not reserved under subsection (a) for any fiscal

23 year is insufficient to fully satisfy the require24 ment of subparagraph (A), each of the minimum
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1 allotments under such subparagraph shall be re2 duced ratably.

3 ‘‘(C) EXCEPTION.—

4 ‘‘(i) IN GENERAL.—Notwithstanding

5 subparagraph (A), if the sum appropriated

6 under the authority of section 214 and not

7 reserved under subsection (a) for any fiscal

8 year exceeds the aggregate of the allotments

9 for all States under this subsection for fiscal

10 year 2003—

11 ‘‘(I) the minimum allotment for

12 each State otherwise receiving a min13 imum allotment of $340,000 under

14 subparagraph (A) shall be increased to

15 $680,000; and

16 ‘‘(II) the minimum allotment for

17 each State otherwise receiving a min18 imum allotment of $40,000 under sub19 paragraph (A) shall be increased to

20 $60,000.

21 ‘‘(ii) INSUFFICIENT FUNDS TO AWARD

22 ALTERNATIVE MINIMUM.—If the sum appro23 priated under the authority of section 214

24 and not reserved under subsection (a) for

25 any fiscal year exceeds the aggregate of the
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1 allotments for all States under this sub2 section for fiscal year 2003 yet is insuffi3 cient to fully satisfy the requirement of

4 clause (i), such excess amount shall first be

5 allotted among the States described in

6 clause (i)(I) so as to increase equally the

7 minimum allotment for each such State

8 above $340,000. After the requirement of

9 clause (i)(I) is fully satisfied for any fiscal

10 year, any remainder of such excess amount

11 shall be allotted among the States described

12 in clause (i)(II) so as to increase equally

13 the minimum allotment for each such State

14 above $40,000.

15 ‘‘(D) SPECIAL RULE.—

16 ‘‘(i) IN GENERAL.—Notwithstanding

17 any other provision of this subsection and

18 using funds allotted for the Republic of the

19 Marshall Islands, the Federated States of

20 Micronesia, and the Republic of Palau

21 under this subsection, the Director shall

22 award grants to the United States Virgin

23 Islands, Guam, American Samoa, the Com24 monwealth of the Northern Mariana Is25 lands, the Republic of the Marshall Islands,
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1 the Federated States of Micronesia, or the

2 Republic of Palau to carry out activities de3 scribed in this subtitle in accordance with

4 the provisions of this subtitle that the Direc5 tor determines are not inconsistent with this

6 subparagraph.

7 ‘‘(ii) AWARD BASIS.—The Director

8 shall award grants pursuant to clause (i)

9 on a competitive basis and after taking into

10 consideration available recommendations

11 from the Pacific Region Educational Lab12 oratory in Honolulu, Hawaii.

13 ‘‘(iii) ADMINISTRATIVE COSTS.—The

14 Director may provide not more than 5 per15 cent of the funds made available for grants

16 under this subparagraph to pay the admin17 istrative costs of the Pacific Region Edu18 cational Laboratory regarding activities as19 sisted under this subparagraph.’’.

20 SEC. 205. STATE PLANS.

21 Section 224 of the Library Services and Technology

22 Act (20 U.S.C. 9134) is amended—

23 (1) in subsection (a)(1), by striking ‘‘not later

24 than April 1, 1997.’’ and inserting ‘‘once every 5

25 years, as determined by the Director.’’; and
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1 (2) in subsection (f)—

2 (A) by striking ‘‘this Act’’ each place such

3 term appears and inserting ‘‘this subtitle’’;

4 (B) in paragraph (1)—

5 (i) by striking ‘‘section 213(2)(A) or

6 (B)’’ and inserting ‘‘section 213(1)(A) or

7 (B)’’; and

8 (ii) by striking ‘‘1934,’’ and all that

9 follows through ‘‘Act, may’’ and inserting

10 ‘‘1934 (47 U.S.C. 254(h)(6)) may’’; and

11 (C) in paragraph (7)—

12 (i) in the matter preceding subpara13 graph (A), by striking ‘‘section:’’ and insert14 ing ‘‘subsection:’’; and

15 (ii) in subparagraph (D), by striking

16 ‘‘given’’ and inserting ‘‘applicable to’’.

17 SEC. 206. GRANTS TO STATES.

18 Section 231 of the Library Services and Technology

19 Act (20 U.S.C. 9141) is amended—

20 (1) in subsection (a), by striking paragraphs (1)

21 and (2) and inserting the following:

22 ‘‘(1) expanding services for learning and access

23 to information and educational resources in a variety

24 of formats, in all types of libraries, for individuals of

25 all ages;
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1 ‘‘(2) developing library services that provide all

2 users access to information through local, State, re3 gional, national, and international electronic net4 works;

5 ‘‘(3) providing electronic and other linkages

6 among and between all types of libraries;

7 ‘‘(4) developing public and private partnerships

8 with other agencies and community-based organiza9 tions;

10 ‘‘(5) targeting library services to individuals of

11 diverse geographic, cultural, and socioeconomic back12 grounds, to individuals with disabilities, and to indi13 viduals with limited functional literacy or informa14 tion skills; and

15 ‘‘(6) targeting library and information services

16 to persons having difficulty using a library and to

17 underserved urban and rural communities, including

18 children (from birth through age 17) from families

19 with incomes below the poverty line (as defined by the

20 Office of Management and Budget and revised annu21 ally in accordance with section 673(2) of the Commu22 nity Services Block Grant Act (42 U.S.C. 9902(2)))

23 applicable to a family of the size involved.’’; and

24 (2) in subsection (b), by striking ‘‘between the

25 two purposes described in paragraphs (1) and (2) of
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1 such subsection,’’ and inserting ‘‘among such pur2 poses,’’.

3 SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR

4 COOPERATIVE AGREEMENTS.

5 Section 262(a)(1) of the Library Services and Tech6 nology Act (20 U.S.C. 9162(a)(1)) is amended by striking

7 ‘‘education and training’’ and inserting ‘‘education, re8 cruitment, and training’’.

9 TITLE III—MUSEUM SERVICES

10 SEC. 301. PURPOSE.

11 Section 271 of the Museum and Library Services Act

12 (20 U.S.C. 9171) is amended to read as follows:

13 ‘‘SEC. 271. PURPOSE.

14 ‘‘It is the purpose of this subtitle—

15 ‘‘(1) to encourage and support museums in car16 rying out their public service role of connecting the

17 whole of society to the cultural, artistic, historical,

18 natural, and scientific understandings that constitute

19 our heritage;

20 ‘‘(2) to encourage and support museums in car21 rying out their educational role, as core providers of

22 learning and in conjunction with schools, families,

23 and communities;
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1 ‘‘(3) to encourage leadership, innovation, and

2 applications of the most current technologies and

3 practices to enhance museum services;

4 ‘‘(4) to assist, encourage, and support museums

5 in carrying out their stewardship responsibilities to

6 achieve the highest standards in conservation and

7 care of the cultural, historic, natural, and scientific

8 heritage of the United States to benefit future genera9 tions;

10 ‘‘(5) to assist, encourage, and support museums

11 in achieving the highest standards of management

12 and service to the public, and to ease the financial

13 burden borne by museums as a result of their increas14 ing use by the public; and

15 ‘‘(6) to support resource sharing and partner16 ships among museums, libraries, schools, and other

17 community organizations.’’.

18 SEC. 302. DEFINITIONS.

19 Section 272(1) of the Museum and Library Services

20 Act (20 U.S.C. 9172(1)) is amended by adding at the end

21 the following: ‘‘Such term includes aquariums, arboretums,

22 botanical gardens, art museums, children’s museums, gen23 eral museums, historic houses and sites, history museums,

24 nature centers, natural history and anthropology museums,
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1 planetariums, science and technology centers, specialized

2 museums, and zoological parks.’’.

3 SEC. 303. MUSEUM SERVICES ACTIVITIES.

4 Section 273 of the Museum and Library Services Act

5 (20 U.S.C. 9173) is amended to read as follows:

6 ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES.

7 ‘‘(a) IN GENERAL.—The Director, subject to the policy

8 advice of the Museum and Library Services Board, may

9 enter into arrangements, including grants, contracts, coop10 erative agreements, and other forms of assistance, with mu11 seums and other entities as the Director considers appro12 priate, to pay the Federal share of the cost of—

13 ‘‘(1) supporting museums in providing learning

14 and access to collections, information, and edu15 cational resources in a variety of formats (including

16 exhibitions, programs, publications, and websites) for

17 individuals of all ages;

18 ‘‘(2) supporting museums in building learning

19 partnerships with the Nation’s schools and developing

20 museum resources and programs in support of State

21 and local school curricula;

22 ‘‘(3) supporting museums in assessing, con23 serving, researching, maintaining, and exhibiting

24 their collections, and in providing educational pro-
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1 grams to the public through the use of their collec2 tions;

3 ‘‘(4) stimulating greater collaboration among

4 museums, libraries, schools, and other community or5 ganizations in order to share resources and strengthen

6 communities;

7 ‘‘(5) encouraging the use of new technologies and

8 broadcast media to enhance access to museum collec9 tions, programs, and services;

10 ‘‘(6) supporting museums in providing services

11 to people of diverse geographic, cultural, and socio12 economic backgrounds and to individuals with dis13 abilities;

14 ‘‘(7) supporting museums in developing and car15 rying out specialized programs for specific segments

16 of the public, such as programs for urban neighbor17 hoods, rural areas, Indian reservations, and State in18 stitutions;

19 ‘‘(8) supporting professional development and

20 technical assistance programs to enhance museum op21 erations at all levels, in order to ensure the highest

22 standards in all aspects of museum operations;

23 ‘‘(9) supporting museums in research, program

24 evaluation, and the collection and dissemination of
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1 information to museum professionals and the public;

2 and

3 ‘‘(10) encouraging, supporting, and dissemi4 nating model programs of museum and library col5 laboration.

6 ‘‘(b) FEDERAL SHARE.—

7 ‘‘(1) 50 PERCENT.—Except as provided in para8 graph (2), the Federal share described in subsection

9 (a) shall be not more than 50 percent.

10 ‘‘(2) GREATER THAN 50 PERCENT.—The Director

11 may use not more than 20 percent of the funds made

12 available under this subtitle for a fiscal year to enter

13 into arrangements under subsection (a) for which the

14 Federal share may be greater than 50 percent.

15 ‘‘(3) OPERATIONAL EXPENSES.—No funds for

16 operational expenses may be provided under this sec17 tion to any entity that is not a museum.

18 ‘‘(c) REVIEW AND EVALUATION.—

19 ‘‘(1) IN GENERAL.—The Director shall establish

20 procedures for reviewing and evaluating arrange21 ments described in subsection (a) entered into under

22 this subtitle.

23 ‘‘(2) APPLICATIONS FOR TECHNICAL ASSIST24 ANCE.—
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1 ‘‘(A) IN GENERAL.—The Director may use

2 not more than 10 percent of the funds appro3 priated to carry out this subtitle for technical as4 sistance awards.

5 ‘‘(B) INDIVIDUAL MUSEUMS.—Individual

6 museums may receive not more than 3 technical

7 assistance awards under subparagraph (A), but

8 subsequent awards for technical assistance shall

9 be subject to review outside the Institute.

10 ‘‘(d) SERVICES FOR NATIVE AMERICANS.—From

11 amounts appropriated under section 275, the Director shall

12 reserve 1.75 percent to award grants to, or enter into con13 tracts or cooperative agreements with, Indian tribes and or14 ganizations that primarily serve and represent Native Ha15 waiians (as defined in section 7207 of the Native Hawaiian

16 Education Act (20 U.S.C. 7517)), to enable such tribes and

17 organizations to carry out the activities described in sub18 section (a).’’.

19 SEC. 304. REPEALS.

20 Sections 274 and 275 of the Museum and Library

21 Services Act (20 U.S.C. 9174 and 9175) are repealed.

22 SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

23 Section 276 of the Museum and Library Services Act

24 (20 U.S.C. 9176) is amended—
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1 (1) in subsection (a), by striking ‘‘$28,700,000

2 for the fiscal year 1997, and such sums as may be

3 necessary for each of the fiscal years 1998 through

4 2002.’’ and inserting ‘‘$38,600,000 for fiscal year

5 2004 and such sums as may be necessary for fiscal

6 years 2005 through 2009.’’; and

7 (2) by redesignating such section as section 275

8 of such Act.

9 SEC. 306. SHORT TITLE.

10 Subtitle C of the Museum and Library Services Act

11 (20 U.S.C. 9171 et seq.) is amended—

12 (1) by redesignating sections 271, 272, and 273

13 as sections 272, 273, and 274, respectively; and

14 (2) by inserting after the subtitle heading the fol15 lowing:

16 ‘‘SEC. 271. SHORT TITLE.

17 ‘‘This subtitle may be cited as the ‘Museum Services

18 Act’.’’.

19 TITLE IV—NATIONAL COMMIS20 SION ON LIBRARIES AND IN21 FORMATION SCIENCE ACT

22 SEC. 401. AMENDMENT TO CONTRIBUTIONS.

23 Section 4 of the National Commission on Libraries

24 and Information Science Act (20 U.S.C. 1503) is amended

25 by striking ‘‘accept, hold, administer, and utilize gifts, be-
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1 quests, and devises of property,’’ and inserting ‘‘solicit, ac2 cept, hold, administer, invest in the name of the United

3 States, and utilize gifts, bequests, and devises of services or

4 property,’’.

5 SEC. 402. AMENDMENT TO MEMBERSHIP.

6 Section 6(a) of the National Commission on Libraries

7 and Information Science Act (20 U.S.C. 1505(a)) is

8 amended—

9 (1) in the second sentence, by striking ‘‘and at

10 least one other of whom shall be knowledgeable with

11 respect to the library and information service and

12 science needs of the elderly’’;

13 (2) by striking the fourth sentence and inserting

14 the following: ‘‘A majority of members of the Commis15 sion who have taken office and are serving on the

16 Commission shall constitute a quorum for conduct of

17 business at official meetings of the Commission’’; and

18 (3) in the fifth sentence, by striking ‘‘five years,

19 except that’’ and all that follows through the period

20 and inserting ‘‘five years, except that—

21 ‘‘(1) a member of the Commission appointed to

22 fill a vacancy occurring prior to the expiration of the

23 term for which the member’s predecessor was ap24 pointed, shall be appointed only for the remainder of

25 such term; and
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1 ‘‘(2) any member of the Commission may con2 tinue to serve after an expiration of the member’s

3 term of office until such member’s successor is ap4 pointed, has taken office, and is serving on the Com5 mission.’’.

6 TITLE V—MISCELLANEOUS

7 PROVISIONS

8 SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS INDEM9 NITY ACT.

10 Section 5 of the Arts and Artifacts Indemnity Act (20

11 U.S.C. 974) is amended—

12 (1) in subsection (b), by striking

13 ‘‘$5,000,000,000’’ and inserting ‘‘$8,000,000,000’’;

14 (2) in subsection (c), by striking ‘‘$500,000,000’’

15 and inserting ‘‘$600,000,000’’; and

16 (3) in subsection (d)—

17 (A) in paragraph (6), by striking ‘‘or’’ after

18 the semicolon;

19 (B) by striking paragraph (7) and inserting

20 the following:

21 ‘‘(7) not less than $400,000,000 but less than

22 $500,000,000, then coverage under this chapter shall

23 extend only to loss or damage in excess of the first

24 $400,000 of loss or damage to items covered; or
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1 ‘‘(8) $500,000,000 or more, then coverage under

2 this chapter shall extend only to loss or damage in ex3 cess of the first $500,000 of loss or damage to items

4 covered.’’.

5 SEC. 502. NATIONAL CHILDREN’S MUSEUM.

6 (a) DESIGNATION.—The Capital Children’s Museum

7 located at 800 Third Street, NE, Washington, D.C. (or any

8 successor location), organized under the laws of the District

9 of Columbia, is designated as the ‘‘National Children’s Mu10 seum’’.

11 (b) REFERENCES.—Any reference in a law, map, regu12 lation, document, paper, or other record of the United

13 States to the Capital Children’s Museum referred to in sub14 section (a) shall be deemed to be a reference to the National

15 Children’s Museum.

16 SEC. 503. CONFORMING AMENDMENT.

17 Section 170(e)(6)(B)(i)(III) of the Internal Revenue

18 Code of 1986 (relating to the special rule for contributions

19 of computer technology and equipment for educational pur20 poses) is amended by striking ‘‘section 213(2)(A) of the Li21 brary Services and Technology Act (20 U.S.C. 9122(2)(A)’’

22 and inserting ‘‘section 213(1)(A) of the Library Services

23 and Technology Act (20 U.S.C. 9122(1)(A))’’.
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1 SEC. 504. TECHNICAL CORRECTIONS.

2 (a) TITLE HEADING.—The title heading for the Mu3 seum and Library Services Act (20 U.S.C. 9101 et seq.)

4 is amended to read as follows:

5 ‘‘TITLE II—MUSEUM AND

6 LIBRARY SERVICES’’.

7 (b) SUBTITLE A HEADING.—The subtitle heading for

8 subtitle A of the Museum and Library Services Act (20

9 U.S.C. 9101 et seq.) is amended to read as follows:

10 ‘‘Subtitle A—General Provisions’’.

11 (c) SUBTITLE B HEADING.—The subtitle heading for

12 subtitle B of the Museum and Library Services Act (20

13 U.S.C. 9121 et seq.) is amended to read as follows:

14 ‘‘Subtitle B—Library Services and

15 Technology’’.

16 (d) SUBTITLE C HEADING.—The subtitle heading for

17 subtitle C of the Museum and Library Services Act (20

18 U.S.C. 9171 et seq.) is amended to read as follows:

19 ‘‘Subtitle C—Museum Services’’.

20 (e) CONTRIBUTIONS.—Section 208 of the Museum and

21 Library Services Act (20 U.S.C. 9106) (as redesignated by

22 section 104 of this Act) is amended by striking ‘‘property

23 of services’’ and inserting ‘‘property or services’’.

24 (f) STATE PLAN CONTENTS.—Section 224(b)(5) of the

25 Library Services and Technology Act (20 U.S.C.

26 9134(b)(5)) is amended by striking ‘‘and’’ at the end.
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1 (g) NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR

2 COOPERATIVE AGREEMENTS.—Section 262(b)(1) of the Li3 brary Services and Technology Act (20 U.S.C. 9162(b)(1))

4 is amended by striking ‘‘cooperative agreements, with,’’ and

5 inserting ‘‘cooperative agreements with,’’.

6 SEC. 505. REPEALS.

7 (a) NATIONAL COMMISSION ON LIBRARIES AND INFOR8 MATION SCIENCE ACT.—Section 5 of the National Commis9 sion on Libraries and Information Science Act (20 U.S.C.

10 1504) is amended—

11 (1) by striking subsections (b) and (c); and

12 (2) by redesignating subsections (d), (e), and (f)

13 as subsections (b), (c), and (d), respectively.

14 (b) MUSEUM AND LIBRARY SERVICES ACT OF 1996.—

15 Sections 704 through 707 of the Museum and Library Serv16 ices Act of 1996 (20 U.S.C. 9102 note, 9103 note, and 9105

17 note) are repealed.

18 SEC. 506. EFFECTIVE DATE.

19 The amendments made by this Act shall take effect on

20 the date of enactment of this Act, except that the amend-
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1 ments made by sections 203, 204, and 305 of this Act shall

2 take effect on October 1, 2003.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 13

AMENDMENT