IB 

Union Calendar No. 10

108TH CONGRESS 

1ST SESSION H. R. 13

[Report No. 108–16] 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. HOEKSTRA (for himself, Mr. BOEHNER, Mr. CASTLE, Mr. GREENWOOD, 

Mr. SOUDER, Mr. EHLERS, Mr. ISAKSON, Mrs. BIGGERT, Mr. OSBORNE, 

Mr. WILSON of South Carolina, and Mr. ENGLISH) introduced the following bill; which was referred to the Committee on Education and the 

Workforce 

FEBRUARY 25, 2003

Additional sponsors: Mr. PLATTS, Mr. DEMINT, Mr. HOLT, Mr. MCHUGH, 

Mr. LANGEVIN, Mr. MATSUI, Mrs. MALONEY, Mr. FRANK of Massachusetts, Mr. SNYDER, Mr. SERRANO, Mr. CLYBURN, Mr. UPTON, Mr. 

BECERRA, Mr. OWENS, Mr. PETRI, Mr. BEREUTER, Mr. DOYLE, Mr. 

GORDON, Mr. QUINN, Mr. ENGEL, Ms. SLAUGHTER, Mr. LATOURETTE, 

Mr. ACKERMAN, Mr. GRIJALVA, Mr. UDALL of Colorado, Mr. BERMAN, 

Mr. MCINTYRE, Mr. BELL, Mr. FROST, Ms. HART, Mrs. BONO, Mrs. 

DAVIS of California, Ms. ESHOO, Mr. LOBIONDO, Mr. DUNCAN, Mr. 

CUNNINGHAM, Mr. SKELTON, Mr. ETHERIDGE, Mr. BLUMENAUER, Mr. 

BOSWELL, Mr. GREEN of Wisconsin, Mrs. NAPOLITANO, Ms. WATSON, 

Mr. LANTOS, Mr. JOHNSON of Illinois, Mr. FILNER, Mr. HONDA, Mr. 

BACA, Mr. BALLENGER, Mr. CARDOZA, Ms. LOFGREN, Mr. ANDREWS, 

Mr. SHIMKUS, Mr. WAXMAN, Mr. GILLMOR, Mr. SIMMONS, Ms. MCCOLLUM, Mr. SCHROCK, Mr. HINCHEY, Ms. ROYBAL-ALLARD, Mr. NADLER, 

Mr. DOOLEY of California, Mr. DOOLITTLE, Ms. HARMAN, Mrs. 

TAUSCHER, Mr. SCHIFF, Mr. THOMPSON of California, Mr. SHERMAN, 

Mr. MATHESON, Mr. ROGERS of Michigan, Ms. SOLIS, Mr. MCKEON, Mr. 

WU, Mr. JACKSON of Illinois, Ms. LEE, Mr. CALVERT, Ms. WATERS, Mrs. 

MILLER of Michigan, Mr. FARR, Mr. MCNULTY, Mr. KOLBE, Mrs. 

CAPPS, Mr. GEORGE MILLER of California, Mr. STARK, Ms. WOOLSEY, 

Mr. NUNES, Ms. LORETTA SANCHEZ of California, Mr. TIERNEY, Ms. 

LINDA T. SA ́NCHEZ of California, Mr. DAVIS of Illinois, Ms. MILLENDER-
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MCDONALD, Mrs. WILSON of New Mexico, Mr. VAN HOLLEN, Mr. 

HOUGHTON, Mr. OLVER, Mr. GALLEGLY, Mr. WALSH, Mr. OSE, Mr. 

HALL, Mr. WAMP, Mr. BASS, Mr. KENNEDY of Rhode Island, Mr. 

LYNCH, Mrs. JONES of Ohio, Mrs. LOWEY, Mr. ISSA, Ms. BERKLEY, Mr. 

SANDERS, Ms. JACKSON-LEE of Texas, Mr. MCGOVERN, Mr. NEAL of 

Massachusetts, Mr. DREIER, Mr. CRAMER, Ms. HOOLEY of Oregon, Ms. 

SCHAKOWSKY, and Ms. MCCARTHY of Missouri 

FEBRUARY 25, 2003

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL

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,

3 SECTION 1. SHORT TITLE. 

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

5 Services Act of 2003’’. 

6 TITLE I—GENERAL PROVISIONS 

7 SEC. 101. GENERAL DEFINITIONS. 

8 Section 202 of the Museum and Library Services Act 

9 (20 U.S.C. 9101) is amended—

10 (1) by amending paragraph (1) to read as fol11 lows: 

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

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

14 final judgment of a court of record and of competent 

15 jurisdiction in the United States, to be obscene.’’; 
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1 (2) by striking paragraph (4); 

2 (3) by redesignating paragraph (3) as para3 graph (5); 

4 (4) by inserting after paragraph (2) the fol5 lowing: 

6 ‘‘(3) FINAL JUDGMENT.—The term ‘final judg7 ment’ means a judgment that is—

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

9 has authority to review such judgment; or 

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

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

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

13 group or community, including any Alaska native 

14 village, regional corporation, or village corporation 

15 (as defined in, or established pursuant to, the Alas16 ka Native Claims Settlement Act (43 U.S.C. 1601 et 

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

18 Interior as eligible for the special programs and 

19 services provided by the United States to Indians be20 cause of their status as Indians.’’; and 

21 (5) by adding after paragraph (5) (as so redes22 ignated) the following: 

23 ‘‘(6) MUSEUM AND LIBRARY SERVICES

24 BOARD.—The term ‘Museum and Library Services 
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1 Board’ means the National Museum and Library 

2 Services Board established under section 207. 

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

4 with respect to a project, that—

5 ‘‘(A) the average person, applying contem6 porary community standards, would find that 

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

8 the prurient interest; 

9 ‘‘(B) such project depicts or describes sex10 ual conduct in a patently offensive way; and 

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

12 lacks serious literary, artistic, political, or sci13 entific value.’’. 

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

15 Section 203 of the Museum and Library Services Act 

16 (20 U.S.C. 9102) is amended—

17 (1) in subsection (b), by striking the last sen18 tence; and 

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

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

21 There shall be a National Museum and Library Services 

22 Board within the Institute, as provided under section 

23 207.’’. 
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1 SEC. 103. DIRECTOR OF THE INSTITUTE. 

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

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

4 9103(e)) is amended by adding at the end the following: 

5 ‘‘Where appropriate, the Director shall ensure that activi6 ties under subtitle B are coordinated with activities under 

7 section 1251 of the Elementary and Secondary Education 

8 Act of 1965 (20 U.S.C. 6383).’’. 

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

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

11 the following: 

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

13 promulgate such rules and regulations as are necessary 

14 and appropriate to implement the provisions of this title. 

15 ‘‘(g) APPLICATION PROCEDURES.—

16 ‘‘(1) IN GENERAL.—In order to be eligible to 

17 receive financial assistance under this title, a person 

18 or agency shall submit an application in accordance 

19 with procedures established by the Director by regu20 lation. 

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

22 shall establish procedures for reviewing and evalu23 ating such applications. Such procedures shall not be 

24 subject to any review outside of the Institute. In es25 tablishing such procedures, the Director shall ensure 

26 that the criteria by which applications are evaluated 
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1 are consistent with the purposes of this title, taking 

2 into consideration general standards of decency and 

3 respect for the diverse beliefs and values of the 

4 American public. 

5 ‘‘(3) TREATMENT OF PROJECTS DETERMINED

6 TO BE OBSCENE.—

7 ‘‘(A) IN GENERAL.—The procedures de8 scribed in paragraph (2) shall include provisions 

9 that clearly specify that obscenity is without lit10 erary, artistic, political, or scientific merit, and 

11 is not protected speech. 

12 ‘‘(B) PROHIBITION.—No financial assist13 ance may be provided under this title with re14 spect to any project that is determined to be 

15 obscene. 

16 ‘‘(C) TREATMENT OF APPLICATION DIS17 APPROVAL.—The disapproval of an application

18 by the Director shall not be construed to mean, 

19 and shall not be considered as evidence that, 

20 the project for which the applicant requested fi21 nancial assistance is or is not obscene.’’. 

22 SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES 

23 BOARD. 

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

25 9101 et seq.) is amended—
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1 (1) by redesignating section 207 as section 208; 

2 and 

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

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

5 BOARD. 

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

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

8 and Library Services Board’. 

9 ‘‘(b) MEMBERSHIP.—

10 ‘‘(1) NUMBER AND APPOINTMENT.—The Mu11 seum and Library Services Board shall be composed 

12 of the following: 

13 ‘‘(A) The Director. 

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

15 Library Services. 

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

17 Museum Services.

18 ‘‘(D) 10 members appointed by the Presi19 dent, by and with the advice and consent of the 

20 Senate, from among individuals who are citi21 zens of the United States and who are specially 

22 qualified in the area of library services by virtue 

23 of their education, training, or experience. 

24 ‘‘(E) 10 members appointed by the Presi25 dent, by and with the advice and consent of the 
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1 Senate, from among individuals who are citi2 zens of the United States and who are specially 

3 qualified in the area of museum services by vir4 tue of their education, training, or experience. 

5 ‘‘(2) SPECIAL QUALIFICATIONS.—

6 ‘‘(A) LIBRARY MEMBERS.—Of the mem7 bers of the Museum and Library Services 

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

9 ‘‘(i) 5 shall be professional librarians 

10 or information specialists, of whom—

11 ‘‘(I) at least 1 shall be knowl12 edgeable about electronic information 

13 and technical aspects of library and 

14 information services and sciences; and 

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

16 knowledgeable about the library and 

17 information service needs of under18 served communities; and 

19 ‘‘(ii) the remainder shall have special 

20 competence in, or knowledge of, the needs 

21 for library and information services in the 

22 United States. 

23 ‘‘(B) MUSEUM MEMBERS.—Of the mem24 bers of the Museum and Library Services 

25 Board appointed under paragraph (1)(E)—
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1 ‘‘(i) 5 shall be museum professionals 

2 who are or have been affiliated with—

3 ‘‘(I) resources that, collectively, 

4 are broadly representative of the cura5 torial, conservation, educational, and 

6 cultural resources of the United 

7 States; or 

8 ‘‘(II) museums that, collectively, 

9 are broadly representative of various 

10 types of museums, including museums 

11 relating to science, history, tech12 nology, art, zoos, botanical gardens, 

13 and museums designed for children; 

14 and 

15 ‘‘(ii) the remainder shall be individ16 uals recognized for their broad knowledge, 

17 expertise, or experience in museums or 

18 commitment to museums. 

19 ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA20 TION.—Members of the Museum and Library Serv21 ices Board shall be appointed to reflect persons from 

22 various geographic regions of the United States. The 

23 Museum and Library Services Board may not in24 clude, at any time, more than 3 appointive members 

25 from a single State. In making such appointments, 
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1 the President shall give due regard to equitable rep2 resentation of women, minorities, and persons with 

3 disabilities who are involved with museums and li4 braries. 

5 ‘‘(4) VOTING.—The Director, the Deputy Direc6 tor of the Office of Library Services, and the Deputy 

7 Director of the Office of Museum Services shall be 

8 nonvoting members of the Museum and Library 

9 Services Board. 

10 ‘‘(c) TERMS.—

11 ‘‘(1) IN GENERAL.—Except as otherwise pro12 vided in this subsection, each member of the Mu13 seum and Library Services Board appointed under 

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

15 serve for a term of 5 years. 

16 ‘‘(2) INITIAL BOARD APPOINTMENTS.—

17 ‘‘(A) TREATMENT OF MEMBERS SERVING

18 ON EFFECTIVE DATE.—Notwithstanding sub19 section (b), each individual who is a member of 

20 the National Museum Services Board on the 

21 date of the enactment of the Museum and Li22 brary Services Act of 2003, may, at the individ23 ual’s election, complete the balance of the indi24 vidual’s term as a member of the Museum and 

25 Library Services Board. 
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1 ‘‘(B) FIRST APPOINTMENTS.—Notwith2 standing subsection (b), any appointive vacancy 

3 in the initial membership of the Museum and 

4 Library Services Board existing after the appli5 cation of subparagraph (A), and any vacancy in 

6 such membership subsequently created by rea7 son of the expiration of the term of an indi8 vidual described in subparagraph (A), shall be 

9 filled by the appointment of a member de10 scribed in subsection (b)(1)(D). When the Mu11 seum and Library Services Board consists of an 

12 equal number of individuals who are specially 

13 qualified in the area of library services and in14 dividuals who are specially qualified in the area 

15 of museum services, this subparagraph shall 

16 cease to be effective and the board shall be ap17 pointed in accordance with subsection (b). 

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

19 terms of the first members appointed to the 

20 Museum and Library Service Board shall be ad21 justed by the President as necessary to ensure 

22 that the terms of not more than 4 members ex23 pire in the same year. Such adjustments shall 

24 be carried out through designation of the ad25 justed term at the time of appointment. 
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1 ‘‘(3) VACANCIES.—Any member appointed to 

2 fill a vacancy shall serve for the remainder of the 

3 term for which the predecessor of the member was 

4 appointed. 

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

6 of the Museum and Library Services Board who has 

7 been a member for more than 7 consecutive years 

8 shall be eligible for reappointment. 

9 ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF10 FICE.—Notwithstanding any other provision of this 

11 subsection, an appointive member of the Museum 

12 and Library Services Board shall serve after the ex13 piration of the term of the member until the suc14 cessor to the member takes office. 

15 ‘‘(d) DUTIES AND POWERS.—

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

17 Services Board shall advise the Director on general 

18 policies with respect to the duties, powers, and au19 thority of the Institute relating to museum and li20 brary services, including financial assistance award21 ed under this title. 

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

23 Library Services Board shall assist the Director in 

24 making awards under section 209. 
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1 ‘‘(e) CHAIRPERSON.—The Director shall serve as 

2 Chairperson of the Museum and Library Services Board. 

3 ‘‘(f) MEETINGS.—

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

5 Services Board shall meet not less than 2 times each 

6 year and at the call of the Director. 

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

8 Library Services Board with respect to the exercise 

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

10 vote of the members of the Board who are present 

11 and authorized to vote. 

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

13 the Museum and Library Services Board shall constitute 

14 a quorum for the conduct of business at official meetings, 

15 but a lesser number of members may hold hearings. 

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

17 ‘‘(1) COMPENSATION.—Each member of the 

18 Museum and Library Services Board who is not an 

19 officer or employee of the Federal Government may 

20 be compensated at a rate to be fixed by the Presi21 dent, but not to exceed the daily equivalent of the 

22 maximum annual rate of pay authorized for a posi23 tion above grade GS–15 of the General Schedule 

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

25 for each day (including travel time) during which 
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1 such member is engaged in the performance of the 

2 duties of the Museum and Library Services Board. 

3 Members of the Museum and Libraries Services 

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

5 Federal Government may not receive additional pay, 

6 allowances, or benefits by reason of their service on 

7 the Board. 

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

9 Museum and Library Services Board shall receive 

10 travel expenses, including per diem in lieu of subsist11 ence, in accordance with applicable provisions under 

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

13 Code. 

14 ‘‘(i) COORDINATION.—The Director, with the advice 

15 of the Museum and Library Services Board, shall take 

16 steps to ensure that the policies and activities of the Insti17 tute are coordinated with other activities of the Federal 

18 Government.’’. 

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

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

21 9101 et seq.) is amended by inserting after section 208 

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

23 ‘‘SEC. 209. AWARDS. 

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

25 Library Services Board, may annually award National 
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1 Awards for Library Service and National Awards for Mu2 seum Service to outstanding libraries and outstanding mu3 seums, respectively, that have made significant contribu4 tions in service to their communities. 

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

6 SERVICES. 

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

8 275(b), the Director shall carry out and publish analyses 

9 of the impact of museum and library services. Such anal10 yses—

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

12 with—

13 ‘‘(A) State library administrative agencies; 

14 ‘‘(B) State, regional, and national library 

15 and museum organizations; and 

16 ‘‘(C) other relevant agencies and organiza17 tions;

18 ‘‘(2) shall identify national needs for, and 

19 trends of, museum and library services provided with 

20 funds made available under subtitles B and C; 

21 ‘‘(3) shall report on the impact and effective22 ness of programs conducted with funds made avail23 able by the Institute in addressing such needs; and 
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1 ‘‘(4) shall identify, and disseminate information 

2 on, the best practices of such programs to the agen3 cies and entities described in paragraph (1).’’. 

4 TITLE II—LIBRARY SERVICES 

5 AND TECHNOLOGY 

6 SEC. 201. PURPOSE. 

7 Section 212 of the Library Services and Technology 

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

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

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

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

12 people of the United States; 

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

14 of libraries for the purpose of cultivating an edu15 cated and informed citizenry; and 

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

17 types of libraries for the purpose of achieving eco18 nomical and efficient delivery of library services to 

19 the public.’’. 

20 SEC. 202. DEFINITIONS. 

21 Section 213 of the Library Services and Technology 

22 Act (20 U.S.C. 9122) is amended—

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

24 (2) by redesignating paragraphs (2) through 

25 (6) as paragraphs (1) through (5), respectively. 
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1 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 214 of the Library Services and Technology 

3 Act (20 U.S.C. 9123) is amended—

4 (1) by amending subsection (a) to read as fol5 lows: 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated to carry out this subtitle $210,000,000 for fis8 cal year 2004 and such sums as may be necessary for fis9 cal years 2005 through 2009.’’; and 

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

11 and inserting ‘‘3.5 percent’’. 

12 SEC. 204. RESERVATIONS AND ALLOTMENTS. 

13 Section 221(b)(3) of the Library Services and Tech14 nology Act (20 U.S.C. 9131(b)(3)) is amended to read as 

15 follows: 

16 ‘‘(3) MINIMUM ALLOTMENTS.—

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

18 subsection, the minimum allotment for each 

19 State shall be $340,000, except that the min20 imum allotment shall be $40,000 in the case of 

21 the United States Virgin Islands, Guam, Amer22 ican Samoa, the Commonwealth of the North23 ern Mariana Islands, the Republic of the Mar24 shall Islands, the Federated States of Micro25 nesia, and the Republic of Palau. 
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1 ‘‘(B) RATABLE REDUCTIONS.—Notwith2 standing subparagraph (A), if the sum appro3 priated under the authority of section 214 and 

4 not reserved under subsection (a) for any fiscal 

5 year is insufficient to fully satisfy the require6 ment of subparagraph (A), each of the min7 imum allotments under such subparagraph shall 

8 be reduced ratably. 

9 ‘‘(C) EXCEPTION.—

10 ‘‘(i) IN GENERAL.—Notwithstanding 

11 subparagraph (A), if the sum appropriated 

12 under the authority of section 214 and not 

13 reserved under subsection (a) for any fiscal 

14 year exceeds the aggregate of the allot15 ments for all States under this subsection 

16 for fiscal year 2003—

17 ‘‘(I) the minimum allotment for 

18 each State otherwise receiving a min19 imum allotment of $340,000 under 

20 subparagraph (A) shall be increased 

21 to $680,000; and 

22 ‘‘(II) the minimum allotment for 

23 each State otherwise receiving a min24 imum allotment of $40,000 under 
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1 subparagraph (A) shall be increased 

2 to $60,000. 

3 ‘‘(ii) INSUFFICIENT FUNDS TO AWARD

4 ALTERNATIVE MINIMUM.—If the sum ap5 propriated under the authority of section 

6 214 and not reserved under subsection (a) 

7 for any fiscal year exceeds the aggregate of 

8 the allotments for all States under this 

9 subsection for fiscal year 2003 yet is insuf10 ficient to fully satisfy the requirement of 

11 clause (i), such excess amount shall first 

12 be allotted among the States described in 

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

14 minimum allotment for each such State 

15 above $340,000. After the requirement of 

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

17 year, any remainder of such excess amount

18 shall be allotted among the States de19 scribed in clause (i)(II) so as to increase 

20 equally the minimum allotment for each 

21 such State above $40,000. 

22 ‘‘(D) SPECIAL RULE.—

23 ‘‘(i) IN GENERAL.—Notwithstanding 

24 any other provision of this subsection and 

25 using funds allotted for the Republic of the 
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1 Marshall Islands, the Federated States of 

2 Micronesia, and the Republic of Palau 

3 under this subsection, the Director shall 

4 award grants to the United States Virgin 

5 Islands, Guam, American Samoa, the Com6 monwealth of the Northern Mariana Is7 lands, the Republic of the Marshall Is8 lands, the Federated States of Micronesia, 

9 or the Republic of Palau to carry out ac10 tivities described in this subtitle in accord11 ance with the provisions of this subtitle 

12 that the Director determines are not incon13 sistent with this subparagraph. 

14 ‘‘(ii) AWARD BASIS.—The Director 

15 shall award grants pursuant to clause (i) 

16 on a competitive basis and pursuant to rec17 ommendations from the Pacific Region 

18 Educational Laboratory in Honolulu, Ha19 waii. 

20 ‘‘(iii) ADMINISTRATIVE COSTS.—The 

21 Director may provide not more than 5 per22 cent of the funds made available for grants 

23 under this subparagraph to pay the admin24 istrative costs of the Pacific Region Edu-
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1 cational Laboratory regarding activities as2 sisted under this subparagraph.’’. 

3 SEC. 205. STATE PLANS. 

4 Section 224 of the Library Services and Technology 

5 Act (20 U.S.C. 9134) is amended—

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

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

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

9 (2) in subsection (f)—

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

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

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

13 and all that follows through ‘‘Act, may’’ and in14 serting ‘‘1934 (47 U.S.C. 254(h)(6)) may’’; and 

15 (C) in paragraph (7)—

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘section:’’ and in18 serting ‘‘subsection:’’; and 

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

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

21 SEC. 206. GRANTS TO STATES. 

22 Section 231 of the Library Services and Technology 

23 Act (20 U.S.C. 9141) is amended—

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

25 (1) and (2) and inserting the following: 
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1 ‘‘(1) expanding services for learning and access 

2 to information and educational resources in a variety 

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

4 of all ages; 

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

6 users access to information through local, State, re7 gional, national, and international electronic net8 works; 

9 ‘‘(3) providing electronic and other linkages 

10 among and between all types of libraries; 

11 ‘‘(4) developing public and private partnerships 

12 with other agencies and community-based organiza13 tions; 

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

15 diverse geographic, cultural, and socioeconomic back16 grounds, to individuals with disabilities, and to indi17 viduals with limited functional literacy or informa18 tion skills; and 

19 ‘‘(6) targeting library and information services 

20 to persons having difficulty using a library and to 

21 underserved urban and rural communities, including 

22 children (from birth through age 17) from families 

23 with incomes below the poverty line (as defined by 

24 the Office of Management and Budget and revised 

25 annually in accordance with section 673(2) of the 
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1 Community Services Block Grant Act (42 U.S.C. 

2 9902(2))) applicable to a family of the size in3 volved.’’; and 

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

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

6 such subsection,’’ and inserting ‘‘among such pur7 poses,’’. 

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

9 COOPERATIVE AGREEMENTS. 

10 Section 262(a)(1) of the Library Services and Tech11 nology Act (20 U.S.C. 9162(a)(1)) is amended by striking 

12 ‘‘education and training’’ and inserting ‘‘education, re13 cruitment, and training’’. 

14 TITLE III—MUSEUM SERVICES 

15 SEC. 301. PURPOSE. 

16 Section 271 of the Museum and Library Services Act 

17 (20 U.S.C. 9171) is amended to read as follows:

18 ‘‘SEC. 271. PURPOSE. 

19 ‘‘It is the purpose of this subtitle—

20 ‘‘(1) to encourage and support museums in car21 rying out their public service role of connecting the 

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

23 natural, and scientific understandings that con24 stitute our heritage; 
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1 ‘‘(2) to encourage and support museums in car2 rying out their educational role, as core providers of 

3 learning and in conjunction with schools, families, 

4 and communities; 

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

6 applications of the most current technologies and 

7 practices to enhance museum services; 

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

9 in carrying out their stewardship responsibilities to 

10 achieve the highest standards in conservation and 

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

12 heritage of the United States to benefit future gen13 erations; 

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

15 in achieving the highest standards of management 

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

17 burden borne by museums as a result of their in18 creasing use by the public; and 

19 ‘‘(6) to support resource sharing and partner20 ships among museums, libraries, schools, and other 

21 community organizations.’’. 

22 SEC. 302. DEFINITIONS. 

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

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

25 the following: ‘‘Such term includes aquariums, arbore-
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1 tums, botanical gardens, art museums, children’s muse2 ums, general museums, historic houses and sites, history 

3 museums, nature centers, natural history and anthro4 pology museums, planetariums, science and technology 

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

6 SEC. 303. MUSEUM SERVICES ACTIVITIES. 

7 Section 273 of the Museum and Library Services Act 

8 (20 U.S.C. 9173) is amended to read as follows: 

9 ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. 

10 ‘‘(a) IN GENERAL.—The Director, subject to the pol11 icy advice of the Museum and Library Services Board, 

12 may enter into arrangements, including grants, contracts, 

13 cooperative agreements, and other forms of assistance to 

14 museums and other entities as the Director considers ap15 propriate, to pay for the Federal share of the cost—

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

17 and access to collections, information, and edu18 cational resources in a variety of formats (including

19 exhibitions, programs, publications, and websites) 

20 for individuals of all ages; 

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

22 partnerships with the Nation’s schools and devel23 oping museum resources and programs in support of 

24 State and local school curricula; 
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1 ‘‘(3) to support museums in assessing, con2 serving, researching, maintaining, and exhibiting 

3 their collections, and in providing educational pro4 grams to the public through the use of their collec5 tions; 

6 ‘‘(4) to stimulate greater collaboration among 

7 museums, libraries, schools, and other community 

8 organizations in order to share resources and 

9 strengthen communities; 

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

11 and broadcast media to enhance access to museum 

12 collections, programs, and services; 

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

14 to people of diverse geographic, cultural, and socio15 economic backgrounds and to individuals with dis16 abilities; 

17 ‘‘(7) to support museums in developing and car18 rying out specialized programs for specific segments 

19 of the public, such as programs for urban neighbor20 hoods, rural areas, Indian reservations, and State 

21 institutions; 

22 ‘‘(8) to support professional development and 

23 technical assistance programs to enhance museum 

24 operations at all levels, in order to ensure the high25 est standards in all aspects of museum operations; 
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1 ‘‘(9) to support museums in research, program 

2 evaluation, and the collection and dissemination of 

3 information to museum professionals and the public; 

4 and 

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

6 model programs of museum and library collabora7 tion. 

8 ‘‘(b) FEDERAL SHARE.—

9 ‘‘(1) 50 PERCENT.—Except as provided in para10 graph (2), the Federal share described in subsection 

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

12 ‘‘(2) GREATER THAN 50 PERCENT.—The Direc13 tor may use not more than 20 percent of the funds 

14 made available under this subtitle for a fiscal year 

15 to enter into arrangements under subsection (a) for 

16 which the Federal share may be greater than 50 

17 percent. 

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

19 operational expenses may be provided under this sec20 tion to any entity that is not a museum. 

21 ‘‘(c) REVIEW AND EVALUATION.—

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

23 procedures for reviewing and evaluating arrange24 ments described in subsection (a) entered into under 

25 this subtitle. 
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1 ‘‘(2) APPLICATIONS FOR TECHNICAL ASSIST2 ANCE.—

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

4 up to 10 percent of the funds appropriated to 

5 carry out this subtitle for technical assistance 

6 awards. 

7 ‘‘(B) INDIVIDUAL MUSEUMS.—Individual 

8 museums may receive not more than 3 technical 

9 assistance awards under subparagraph (A), but 

10 subsequent awards for technical assistance shall 

11 be subject to review outside the Institute. 

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

13 amounts appropriated under section 275, the Director 

14 shall reserve 1.75 percent to award grants to, or enter into 

15 contracts or cooperative agreements with, Indian tribes 

16 and organizations that primarily serve and represent Na17 tive Hawaiians (as defined in section 7207 of the Native

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

19 such tribes and organizations to carry out the activities 

20 described in subsection (a).’’. 

21 SEC. 304. REPEALS. 

22 Sections 274 and 275 of the Museum and Library 

23 Services Act (20 U.S.C. 9174 and 9175) are repealed.
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1 SEC. 305. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 276 of the Museum and Library Services Act 

3 (20 U.S.C. 9176)—

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

5 and 

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

7 ‘‘$28,700,000 for the fiscal year 1997, and such 

8 sums as may be necessary for each of the fiscal 

9 years 1998 through 2002.’’ and inserting 

10 ‘‘$35,000,000 for fiscal year 2004 and such sums as 

11 may be necessary for fiscal years 2005 through 

12 2009.’’. 

13 SEC. 306. SHORT TITLE. 

14 Subtitle C of the Museum and Library Services Act 

15 (20 U.S..C. 9171 et seq.) is amended—

16 (1) by redesignating sections 271 through 273 

17 as sections 272 through 274, respectively; and 

18 (2) by inserting after the subtitle heading the 

19 following:

20 ‘‘SEC. 271. SHORT TITLE. 

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

22 Act’.’’. 
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1 TITLE IV—TECHNICAL CORREC2 TIONS; REPEALS; EFFECTIVE 

3 DATE 

4 SEC. 401. TECHNICAL CORRECTIONS. 

5 (a) TITLE HEADING.—The title heading for the Mu6 seum and Library Services Act (20 U.S.C. 9101 et seq.) 

7 is amended to read as follows: 

8 ‘‘TITLE II—MUSEUM AND 

9 LIBRARY SERVICES’’. 

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

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

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

13 ‘‘Subtitle A—General Provisions’’. 

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

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

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

17 ‘‘Subtitle B—Library Services and 

18 Technology’’. 

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

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

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

22 ‘‘Subtitle C—Museum Services’’. 

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

24 and Library Services Act (20 U.S.C. 9106) (as redesig25 nated by section 104 of this Act) is amended by striking 
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1 ‘‘property of services’’ and inserting ‘‘property or serv2 ices’’. 

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

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

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

6 (g) NATIONAL LEADERSHIP GRANTS, CONTRACTS, 

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

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

9 9162(b)(1)) is amended by striking ‘‘cooperative agree10 ments, with,’’ and inserting ‘‘cooperative agreements 

11 with,’’. 

12 SEC. 402. REPEALS. 

13 (a) NATIONAL COMMISSION ON LIBRARIES AND IN14 FORMATION SCIENCE ACT.—Section 5 of the National 

15 Commission on Libraries and Information Science Act (20 

16 U.S.C. 1504) is amended by striking subsections (b) and 

17 (c) and redesignating subsections (d), (e), and (f) as sub18 sections (b), (c), and (d), respectively. 

19 (b) MUSEUM AND LIBRARY SERVICES ACT OF

20 1996.—Sections 704 through 707 of the Museum and Li21 brary Services Act of 1996 (20 U.S.C. 9102 note, 9103 

22 note, and 9105 note) are repealed. 

23 SEC. 403. EFFECTIVE DATE. 

24 The amendments made by this Act shall take effect 

25 on the date of the enactment of this Act, except that the 
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1 amendments made by sections 203, 204, and 305 shall 

2 take effect on October 1, 2003.

Union Calendar No. 10

108TH CONGRESS 

1ST SESSION H. R. 13

[Report No. 108–16] 

A BILL

To reauthorize the Museum and Library Services 

Act, and for other purposes. 

FEBRUARY 25, 2003

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed