H. R. 13

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To reauthorize the Museum and Library Services Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. 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.
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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
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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 207 as section 208; and

(2) by inserting after section 206 the following:

‘‘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) Ten members appointed by the President, by and

with the advice and consent of the Senate, from among
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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 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.
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‘‘(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.
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‘‘(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. 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;
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‘‘(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.’’.

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
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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
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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
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(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:
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‘‘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 Director shall establish procedures

for reviewing and evaluating arrangements described in subsection (a) entered into under this subtitle. ‘‘(2) APPLICATIONS FOR TECHNICAL ASSISTANCE.—
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‘‘(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 271, 272, and 273 as sections

272, 273, and 274, respectively; and

(2) by inserting after the subtitle heading the following:

‘‘SEC. 271. 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—
H. R. 13—13

(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. 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 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) 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
H. R. 13—14

‘‘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 COOPERA- TIVE 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.
H. R. 13—15

SEC. 506. 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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.