108TH CONGRESS

1ST SESSION H. R. 13

AN ACT

To reauthorize the Museum and Library Services

Act, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 13

AN ACT

To reauthorize the Museum and Library Services Act, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

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

3 Services Act of 2003’’.

4 TITLE I—GENERAL PROVISIONS

5 SEC. 101. GENERAL DEFINITIONS.

6 Section 202 of the Museum and Library Services Act

7 (20 U.S.C. 9101) is amended—

8 (1) by amending paragraph (1) to read as fol9 lows:

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

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

12 final judgment of a court of record and of competent

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

14 (2) by striking paragraph (4);

15 (3) by redesignating paragraph (3) as para16 graph (5);

17 (4) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(3) FINAL JUDGMENT.—The term ‘final judg20 ment’ means a judgment that is—

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

22 has authority to review such judgment; or

23 ‘‘(B) is not reviewable by any other court.

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

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

26 group or community, including any Alaska native
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1 village, regional corporation, or village corporation

2 (as defined in, or established pursuant to, the Alas3 ka Native Claims Settlement Act (43 U.S.C. 1601 et

4 seq.)), which is recognized by the Secretary of the

5 Interior as eligible for the special programs and

6 services provided by the United States to Indians be7 cause of their status as Indians.’’; and

8 (5) by adding after paragraph (5) (as so redes9 ignated) the following:

10 ‘‘(6) MUSEUM AND LIBRARY SERVICES

11 BOARD.—The term ‘Museum and Library Services

12 Board’ means the National Museum and Library

13 Services Board established under section 207.

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

15 with respect to a project, that—

16 ‘‘(A) the average person, applying contem17 porary community standards, would find that

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

19 the prurient interest;

20 ‘‘(B) such project depicts or describes sex21 ual conduct in a patently offensive way; and

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

23 lacks serious literary, artistic, political, or sci24 entific value.’’.
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1 SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

2 Section 203 of the Museum and Library Services Act

3 (20 U.S.C. 9102) is amended—

4 (1) in subsection (b), by striking the last sen5 tence; and

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

7 ‘‘(c) MUSEUM AND LIBRARY SERVICES BOARD.—

8 There shall be a National Museum and Library Services

9 Board within the Institute, as provided under section

10 207.’’.

11 SEC. 103. DIRECTOR OF THE INSTITUTE.

12 (a) COORDINATION OF ACTIVITIES.—Section 204(e)

13 of the Museum and Library Services Act (20 U.S.C.

14 9103(e)) is amended by adding at the end the following:

15 ‘‘Where appropriate, the Director shall ensure that activi16 ties under subtitle B are coordinated with activities under

17 section 1251 of the Elementary and Secondary Education

18 Act of 1965 (20 U.S.C. 6383).’’.

19 (b) REGULATORY AUTHORITY.—Section 204 of such

20 Act (20 U.S.C. 9103) is amended by adding at the end

21 the following:

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

23 promulgate such rules and regulations as are necessary

24 and appropriate to implement the provisions of this title.

25 ‘‘(g) APPLICATION PROCEDURES.—
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1 ‘‘(1) IN GENERAL.—In order to be eligible to

2 receive financial assistance under this title, a person

3 or agency shall submit an application in accordance

4 with procedures established by the Director by regu5 lation.

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

7 shall establish procedures for reviewing and evalu8 ating such applications. Such procedures shall not be

9 subject to any review outside of the Institute. In es10 tablishing such procedures, the Director shall ensure

11 that the criteria by which applications are evaluated

12 are consistent with the purposes of this title, taking

13 into consideration general standards of decency and

14 respect for the diverse beliefs and values of the

15 American public.

16 ‘‘(3) TREATMENT OF PROJECTS DETERMINED

17 TO BE OBSCENE.—

18 ‘‘(A) IN GENERAL.—The procedures de19 scribed in paragraph (2) shall include provisions

20 that clearly specify that obscenity is without lit21 erary, artistic, political, or scientific merit, and

22 is not protected speech.

23 ‘‘(B) PROHIBITION.—No financial assist24 ance may be provided under this title with re-
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1 spect to any project that is determined to be

2 obscene.

3 ‘‘(C) TREATMENT OF APPLICATION DIS4 APPROVAL.—The disapproval of an application

5 by the Director shall not be construed to mean,

6 and shall not be considered as evidence that,

7 the project for which the applicant requested fi8 nancial assistance is or is not obscene.’’.

9 SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES

10 BOARD.

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

12 9101 et seq.) is amended—

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

14 and

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

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

17 BOARD.

18 ‘‘(a) ESTABLISHMENT.—There is established in the

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

20 and Library Services Board’.

21 ‘‘(b) MEMBERSHIP.—

22 ‘‘(1) NUMBER AND APPOINTMENT.—The Mu23 seum and Library Services Board shall be composed

24 of the following:

25 ‘‘(A) The Director.
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1 ‘‘(B) The Deputy Director for the Office of

2 Library Services.

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

4 Museum Services.

5 ‘‘(D) 10 members appointed by the Presi6 dent, by and with the advice and consent of the

7 Senate, from among individuals who are citi8 zens of the United States and who are specially

9 qualified in the area of library services by virtue

10 of their education, training, or experience.

11 ‘‘(E) 10 members appointed by the Presi12 dent, by and with the advice and consent of the

13 Senate, from among individuals who are citi14 zens of the United States and who are specially

15 qualified in the area of museum services by vir16 tue of their education, training, or experience.

17 ‘‘(2) SPECIAL QUALIFICATIONS.—

18 ‘‘(A) LIBRARY MEMBERS.—Of the mem19 bers of the Museum and Library Services

20 Board appointed under paragraph (1)(D)—

21 ‘‘(i) 5 shall be professional librarians

22 or information specialists, of whom—

23 ‘‘(I) at least 1 shall be knowl24 edgeable about electronic information
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1 and technical aspects of library and

2 information services and sciences; and

3 ‘‘(II) and at least 1 other shall be

4 knowledgeable about the library and

5 information service needs of under6 served communities; and

7 ‘‘(ii) the remainder shall have special

8 competence in, or knowledge of, the needs

9 for library and information services in the

10 United States.

11 ‘‘(B) MUSEUM MEMBERS.—Of the mem12 bers of the Museum and Library Services

13 Board appointed under paragraph (1)(E)—

14 ‘‘(i) 5 shall be museum professionals

15 who are or have been affiliated with—

16 ‘‘(I) resources that, collectively,

17 are broadly representative of the cura18 torial, conservation, educational, and

19 cultural resources of the United

20 States; or

21 ‘‘(II) museums that, collectively,

22 are broadly representative of various

23 types of museums, including museums

24 relating to science, history, tech25 nology, art, zoos, botanical gardens,
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1 and museums designed for children;

2 and

3 ‘‘(ii) the remainder shall be individ4 uals recognized for their broad knowledge,

5 expertise, or experience in museums or

6 commitment to museums.

7 ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA8 TION.—Members of the Museum and Library Serv9 ices Board shall be appointed to reflect persons from

10 various geographic regions of the United States. The

11 Museum and Library Services Board may not in12 clude, at any time, more than 3 appointive members

13 from a single State. In making such appointments,

14 the President shall give due regard to equitable rep15 resentation of women, minorities, and persons with

16 disabilities who are involved with museums and li17 braries.

18 ‘‘(4) VOTING.—The Director, the Deputy Direc19 tor of the Office of Library Services, and the Deputy

20 Director of the Office of Museum Services shall be

21 nonvoting members of the Museum and Library

22 Services Board.

23 ‘‘(c) TERMS.—

24 ‘‘(1) IN GENERAL.—Except as otherwise pro25 vided in this subsection, each member of the Mu-
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1 seum and Library Services Board appointed under

2 subparagraph (D) or (E) of subsection (b)(1) shall

3 serve for a term of 5 years.

4 ‘‘(2) INITIAL BOARD APPOINTMENTS.—

5 ‘‘(A) TREATMENT OF MEMBERS SERVING

6 ON EFFECTIVE DATE.—Notwithstanding sub7 section (b), each individual who is a member of

8 the National Museum Services Board on the

9 date of the enactment of the Museum and Li10 brary Services Act of 2003, may, at the individ11 ual’s election, complete the balance of the indi12 vidual’s term as a member of the Museum and

13 Library Services Board.

14 ‘‘(B) FIRST APPOINTMENTS.—Notwith15 standing subsection (b), any appointive vacancy

16 in the initial membership of the Museum and

17 Library Services Board existing after the appli18 cation of subparagraph (A), and any vacancy in

19 such membership subsequently created by rea20 son of the expiration of the term of an indi21 vidual described in subparagraph (A), shall be

22 filled by the appointment of a member de23 scribed in subsection (b)(1)(D). When the Mu24 seum and Library Services Board consists of an

25 equal number of individuals who are specially
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1 qualified in the area of library services and in2 dividuals who are specially qualified in the area

3 of museum services, this subparagraph shall

4 cease to be effective and the board shall be ap5 pointed in accordance with subsection (b).

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

7 terms of the first members appointed to the

8 Museum and Library Service Board shall be ad9 justed by the President as necessary to ensure

10 that the terms of not more than 4 members ex11 pire in the same year. Such adjustments shall

12 be carried out through designation of the ad13 justed term at the time of appointment.

14 ‘‘(3) VACANCIES.—Any member appointed to

15 fill a vacancy shall serve for the remainder of the

16 term for which the predecessor of the member was

17 appointed.

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

19 of the Museum and Library Services Board who has

20 been a member for more than 7 consecutive years

21 shall be eligible for reappointment.

22 ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF23 FICE.—Notwithstanding any other provision of this

24 subsection, an appointive member of the Museum

25 and Library Services Board shall serve after the ex-
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1 piration of the term of the member until the suc2 cessor to 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 award9 ed under this title.

10 ‘‘(2) NATIONAL AWARDS.—The Museum and

11 Library Services Board shall assist 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

21 of its duties and powers shall be made by a majority

22 vote of the members of the Board who are present

23 and 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

5 Museum and Library Services Board who is not an

6 officer or employee of the Federal Government may

7 be compensated at a rate to be fixed by the Presi8 dent, but not to exceed the daily equivalent of the

9 maximum annual rate of pay authorized for a posi10 tion above grade GS–15 of the General Schedule

11 under section 5108 of title 5, United States Code,

12 for each day (including travel time) during which

13 such member is engaged in the performance of the

14 duties of the Museum and Library Services Board.

15 Members of the Museum and Libraries Services

16 Board who are full-time officers or employees of the

17 Federal Government may not receive additional pay,

18 allowances, or benefits by reason of their service on

19 the 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

2 of the Museum and Library Services Board, shall take

3 steps to ensure that the policies and activities of the Insti4 tute are coordinated with other activities of the Federal

5 Government.’’.

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

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

10 ‘‘SEC. 209. AWARDS.

11 ‘‘The Director, with the advice of the Museum and

12 Library 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

6 trends of, museum and library services provided with

7 funds made available under subtitles B and C;

8 ‘‘(3) shall report on the impact and effective9 ness of programs conducted with funds made avail10 able by the Institute in addressing such needs; and

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

12 on, the best practices of such programs to the agen13 cies and entities described in paragraph (1).’’.

14 TITLE II—LIBRARY SERVICES

15 AND TECHNOLOGY

16 SEC. 201. PURPOSE.

17 Section 212 of the Library Services and Technology

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

19 (2) through (5) and inserting the following:

20 ‘‘(2) to promote improvement in library services

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

22 people of the United States;

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

24 of libraries for the purpose of cultivating an edu25 cated and informed citizenry; and
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1 ‘‘(4) to encourage resource sharing among all

2 types of libraries for the purpose of achieving eco3 nomical and efficient delivery of library services to

4 the public.’’.

5 SEC. 202. DEFINITIONS.

6 Section 213 of the Library Services and Technology

7 Act (20 U.S.C. 9122) is amended—

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

9 (2) by redesignating paragraphs (2) through

10 (6) as paragraphs (1) through (5), respectively.

11 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

12 Section 214 of the Library Services and Technology

13 Act (20 U.S.C. 9123) is amended—

14 (1) by amending subsection (a) to read as fol15 lows:

16 ‘‘(a) IN GENERAL.—There are authorized to be ap17 propriated to carry out this subtitle $210,000,000 for fis18 cal year 2004 and such sums as may be necessary for fis19 cal years 2005 through 2009.’’; and

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

21 and inserting ‘‘3.5 percent’’.

22 SEC. 204. RESERVATIONS AND ALLOTMENTS.

23 Section 221(b)(3) of the Library Services and Tech24 nology Act (20 U.S.C. 9131(b)(3)) is amended to read as

25 follows:
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1 ‘‘(3) MINIMUM ALLOTMENTS.—

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

3 subsection, the minimum allotment for each

4 State shall be $340,000, except that the min5 imum allotment shall be $40,000 in the case of

6 the United States Virgin Islands, Guam, Amer7 ican Samoa, the Commonwealth of the North8 ern Mariana Islands, the Republic of the Mar9 shall Islands, the Federated States of Micro10 nesia, and the Republic of Palau.

11 ‘‘(B) RATABLE REDUCTIONS.—Notwith12 standing subparagraph (A), if the sum appro13 priated under the authority of section 214 and

14 not reserved under subsection (a) for any fiscal

15 year is insufficient to fully satisfy the require16 ment of subparagraph (A), each of the min17 imum allotments under such subparagraph shall

18 be reduced ratably.

19 ‘‘(C) EXCEPTION.—

20 ‘‘(i) IN GENERAL.—Notwithstanding

21 subparagraph (A), if the sum appropriated

22 under the authority of section 214 and not

23 reserved under subsection (a) for any fiscal

24 year exceeds the aggregate of the allot-
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1 ments for all States under this subsection

2 for fiscal year 2003—

3 ‘‘(I) the minimum allotment for

4 each State otherwise receiving a min5 imum allotment of $340,000 under

6 subparagraph (A) shall be increased

7 to $680,000; and

8 ‘‘(II) the minimum allotment for

9 each State otherwise receiving a min10 imum allotment of $40,000 under

11 subparagraph (A) shall be increased

12 to $60,000.

13 ‘‘(ii) INSUFFICIENT FUNDS TO AWARD

14 ALTERNATIVE MINIMUM.—If the sum ap15 propriated under the authority of section

16 214 and not reserved under subsection (a)

17 for any fiscal year exceeds the aggregate of

18 the allotments for all States under this

19 subsection for fiscal year 2003 yet is insuf20 ficient to fully satisfy the requirement of

21 clause (i), such excess amount shall first

22 be allotted among the States described in

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

24 minimum allotment for each such State

25 above $340,000. After the requirement of
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1 clause (i)(I) is fully satisfied for any fiscal

2 year, any remainder of such excess amount

3 shall be allotted among the States de4 scribed in clause (i)(II) so as to increase

5 equally the minimum allotment for each

6 such State above $40,000.

7 ‘‘(D) SPECIAL RULE.—

8 ‘‘(i) IN GENERAL.—Notwithstanding

9 any other provision of this subsection and

10 using funds allotted for the Republic of the

11 Marshall Islands, the Federated States of

12 Micronesia, and the Republic of Palau

13 under this subsection, the Director shall

14 award grants to the United States Virgin

15 Islands, Guam, American Samoa, the Com16 monwealth of the Northern Mariana Is17 lands, the Republic of the Marshall Is18 lands, the Federated States of Micronesia,

19 or the Republic of Palau to carry out ac20 tivities described in this subtitle in accord21 ance with the provisions of this subtitle

22 that the Director determines are not incon23 sistent with this subparagraph.

24 ‘‘(ii) AWARD BASIS.—The Director

25 shall award grants pursuant to clause (i)
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1 on a competitive basis and pursuant to rec2 ommendations from the Pacific Region

3 Educational Laboratory in Honolulu, Ha4 waii.

5 ‘‘(iii) ADMINISTRATIVE COSTS.—The

6 Director may provide not more than 5 per7 cent of the funds made available for grants

8 under this subparagraph to pay the admin9 istrative costs of the Pacific Region Edu10 cational Laboratory regarding activities as11 sisted under this subparagraph.’’.

12 SEC. 205. STATE PLANS.

13 Section 224 of the Library Services and Technology

14 Act (20 U.S.C. 9134) is amended—

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

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

17 years, as determined by the Director.’’; and

18 (2) in subsection (f)—

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

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

21 (B) in paragraph (1), by striking ‘‘1934,’’

22 and all that follows through ‘‘Act, may’’ and in23 serting ‘‘1934 (47 U.S.C. 254(h)(6)) may’’; and

24 (C) in paragraph (7)—
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘section:’’ and in3 serting ‘‘subsection:’’; and

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

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

6 SEC. 206. GRANTS TO STATES.

7 Section 231 of the Library Services and Technology

8 Act (20 U.S.C. 9141) is amended—

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

10 (1) and (2) and inserting the following:

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

12 to information and educational resources in a variety

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

14 of all ages;

15 ‘‘(2) developing library services that provide all

16 users access to information through local, State, re17 gional, national, and international electronic net18 works;

19 ‘‘(3) providing electronic and other linkages

20 among and between all types of libraries;

21 ‘‘(4) developing public and private partnerships

22 with other agencies and community-based organiza23 tions;

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

25 diverse geographic, cultural, and socioeconomic
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1 backgrounds, to individuals with disabilities, and to

2 individuals with limited functional literacy or infor3 mation skills; and

4 ‘‘(6) targeting library and information services

5 to persons having difficulty using a library and to

6 underserved urban and rural communities, including

7 children (from birth through age 17) from families

8 with incomes below the poverty line (as defined by

9 the Office of Management and Budget and revised

10 annually in accordance with section 673(2) of the

11 Community Services Block Grant Act (42 U.S.C.

12 9902(2))) applicable to a family of the size in13 volved.’’; and

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

15 two purposes described in paragraphs (1) and (2) of

16 such subsection,’’ and inserting ‘‘among such pur17 poses,’’.

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

19 COOPERATIVE AGREEMENTS.

20 Section 262(a)(1) of the Library Services and Tech21 nology Act (20 U.S.C. 9162(a)(1)) is amended by striking

22 ‘‘education and training’’ and inserting ‘‘education, re23 cruitment, and training’’.
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1 TITLE III—MUSEUM SERVICES

2 SEC. 301. PURPOSE.

3 Section 271 of the Museum and Library Services Act

4 (20 U.S.C. 9171) is amended to read as follows:

5 ‘‘SEC. 271. PURPOSE.

6 ‘‘It is the purpose of this subtitle—

7 ‘‘(1) to encourage and support museums in car8 rying out their public service role of connecting the

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

10 natural, and scientific understandings that con11 stitute our heritage;

12 ‘‘(2) to encourage and support museums in car13 rying out their educational role, as core providers of

14 learning and in conjunction with schools, families,

15 and communities;

16 ‘‘(3) to encourage leadership, innovation, and

17 applications of the most current technologies and

18 practices to enhance museum services;

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

20 in carrying out their stewardship responsibilities to

21 achieve the highest standards in conservation and

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

23 heritage of the United States to benefit future gen24 erations;
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1 ‘‘(5) to assist, encourage, and support museums

2 in achieving the highest standards of management

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

4 burden borne by museums as a result of their in5 creasing use by the public; and

6 ‘‘(6) to support resource sharing and partner7 ships among museums, libraries, schools, and other

8 community organizations.’’.

9 SEC. 302. DEFINITIONS.

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

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

12 the following: ‘‘Such term includes aquariums, arbore13 tums, botanical gardens, art museums, children’s muse14 ums, general museums, historic houses and sites, history

15 museums, nature centers, natural history and anthro16 pology museums, planetariums, science and technology

17 centers, specialized museums, and zoological parks.’’.

18 SEC. 303. MUSEUM SERVICES ACTIVITIES.

19 Section 273 of the Museum and Library Services Act

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

21 ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES.

22 ‘‘(a) IN GENERAL.—The Director, subject to the pol23 icy advice of the Museum and Library Services Board,

24 may enter into arrangements, including grants, contracts,

25 cooperative agreements, and other forms of assistance to
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1 museums and other entities as the Director considers ap2 propriate, to pay for the Federal share of the cost—

3 ‘‘(1) to support museums in providing learning

4 and access to collections, information, and edu5 cational resources in a variety of formats (including

6 exhibitions, programs, publications, and websites)

7 for individuals of all ages;

8 ‘‘(2) to support museums in building learning

9 partnerships with the Nation’s schools and devel10 oping museum resources and programs in support of

11 State and local school curricula;

12 ‘‘(3) to support museums in assessing, con13 serving, researching, maintaining, and exhibiting

14 their collections, and in providing educational pro15 grams to the public through the use of their collec16 tions;

17 ‘‘(4) to stimulate greater collaboration among

18 museums, libraries, schools, and other community

19 organizations in order to share resources and

20 strengthen communities;

21 ‘‘(5) to encourage the use of new technologies

22 and broadcast media to enhance access to museum

23 collections, programs, and services;

24 ‘‘(6) to support museums in providing services

25 to people of diverse geographic, cultural, and socio-
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1 economic backgrounds and to individuals with dis2 abilities;

3 ‘‘(7) to support museums in developing and car4 rying out specialized programs for specific segments

5 of the public, such as programs for urban neighbor6 hoods, rural areas, Indian reservations, and State

7 institutions;

8 ‘‘(8) to support professional development and

9 technical assistance programs to enhance museum

10 operations at all levels, in order to ensure the high11 est standards in all aspects of museum operations;

12 ‘‘(9) to support museums in research, program

13 evaluation, and the collection and dissemination of

14 information to museum professionals and the public;

15 and

16 ‘‘(10) to encourage, support, and disseminate

17 model programs of museum and library collabora18 tion.

19 ‘‘(b) FEDERAL SHARE.—

20 ‘‘(1) 50 PERCENT.—Except as provided in para21 graph (2), the Federal share described in subsection

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

23 ‘‘(2) GREATER THAN 50 PERCENT.—The Direc24 tor may use not more than 20 percent of the funds

25 made available under this subtitle for a fiscal year
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1 to enter into arrangements under subsection (a) for

2 which the Federal share may be greater than 50

3 percent.

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

5 operational expenses may be provided under this sec6 tion to any entity that is not a museum.

7 ‘‘(c) REVIEW AND EVALUATION.—

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

9 procedures for reviewing and evaluating arrange10 ments described in subsection (a) entered into under

11 this subtitle.

12 ‘‘(2) APPLICATIONS FOR TECHNICAL ASSIST13 ANCE.—

14 ‘‘(A) IN GENERAL.—The Director may use

15 up to 10 percent of the funds appropriated to

16 carry out this subtitle for technical assistance

17 awards.

18 ‘‘(B) INDIVIDUAL MUSEUMS.—Individual

19 museums may receive not more than 3 technical

20 assistance awards under subparagraph (A), but

21 subsequent awards for technical assistance shall

22 be subject to review outside the Institute.

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

24 amounts appropriated under section 275, the Director

25 shall reserve 1.75 percent to award grants to, or enter into
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1 contracts or cooperative agreements with, Indian tribes

2 and organizations that primarily serve and represent Na3 tive Hawaiians (as defined in section 7207 of the Native

4 Hawaiian Education Act (20 U.S.C. 7517)), to enable

5 such tribes and organizations to carry out the activities

6 described in subsection (a).’’.

7 SEC. 304. REPEALS.

8 Sections 274 and 275 of the Museum and Library

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

10 SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

11 Section 276 of the Museum and Library Services Act

12 (20 U.S.C. 9176)—

13 (1) is redesignated as section 275 of such Act;

14 and

15 (2) is amended, in subsection (a), by striking

16 ‘‘$28,700,000 for the fiscal year 1997, and such

17 sums as may be necessary for each of the fiscal

18 years 1998 through 2002.’’ and inserting

19 ‘‘$35,000,000 for fiscal year 2004 and such sums as

20 may be necessary for fiscal years 2005 through

21 2009.’’.

22 SEC. 306. SHORT TITLE.

23 Subtitle C of the Museum and Library Services Act

24 (20 U.S..C. 9171 et seq.) is amended—
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1 (1) by redesignating sections 271 through 273

2 as sections 272 through 274, respectively; and

3 (2) by inserting after the subtitle heading the

4 following:

5 ‘‘SEC. 271. SHORT TITLE.

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

7 Act’.’’.

8 TITLE IV—TECHNICAL CORREC9 TIONS; REPEALS; EFFECTIVE

10 DATE

11 SEC. 401. TECHNICAL CORRECTIONS.

12 (a) TITLE HEADING.—The title heading for the Mu13 seum and Library Services Act (20 U.S.C. 9101 et seq.)

14 is amended to read as follows:

15 ‘‘TITLE II—MUSEUM AND

16 LIBRARY SERVICES’’.

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

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

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

20 ‘‘Subtitle A—General Provisions’’.

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

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

23 U.S.C. 9121 et seq.) is amended to read as follows:
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1 ‘‘Subtitle B—Library Services and

2 Technology’’.

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

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

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

6 ‘‘Subtitle C—Museum Services’’.

7 (e) CONTRIBUTIONS.—Section 208 of the Museum

8 and Library Services Act (20 U.S.C. 9106) (as redesig9 nated by section 104 of this Act) is amended by striking

10 ‘‘property of services’’ and inserting ‘‘property or serv11 ices’’.

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

13 the Library Services and Technology Act (20 U.S.C.

14 9134(b)(5)) is amended by striking ‘‘and’’ at the end.

15 (g) NATIONAL LEADERSHIP GRANTS, CONTRACTS,

16 OR COOPERATIVE AGREEMENTS.—Section 262(b)(1) of

17 the Library Services and Technology Act (20 U.S.C.

18 9162(b)(1)) is amended by striking ‘‘cooperative agree19 ments, with,’’ and inserting ‘‘cooperative agreements

20 with,’’.

21 SEC. 402. REPEALS.

22 (a) NATIONAL COMMISSION ON LIBRARIES AND IN23 FORMATION SCIENCE ACT.—Section 5 of the National

24 Commission on Libraries and Information Science Act (20

25 U.S.C. 1504) is amended by striking subsections (b) and
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1 (c) and redesignating subsections (d), (e), and (f) as sub2 sections (b), (c), and (d), respectively.

3 (b) MUSEUM AND LIBRARY SERVICES ACT OF

4 1996.—Sections 704 through 707 of the Museum and Li5 brary Services Act of 1996 (20 U.S.C. 9102 note, 9103

6 note, and 9105 note) are repealed.

7 SEC. 403. EFFECTIVE DATE.

8 The amendments made by this Act shall take effect

9 on the date of the enactment of this Act, except that the

10 amendments made by sections 203, 204, and 305 shall

11 take effect on October 1, 2003.

Passed the House of Representatives March 6,

2003.

Attest:

Clerk.