II 

108TH CONGRESS 

1ST SESSION S. 238

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

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2003

Mr. REED (for himself, Mr. KENNEDY, Mr. COCHRAN, Mr. JEFFORDS, Mr. 

DASCHLE, Ms. COLLINS, Mr. DODD, Mrs. CLINTON, Mr. SARBANES, Mr. 

LEVIN, Mr. LEAHY, Mr. HARKIN, Mr. SMITH, Ms. SNOWE, Mr. CORZINE, 

Ms. LANDRIEU, and Mr. BAUCUS) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

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 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—GENERAL PROVISIONS 
2

•S 238 IS 

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. 300. Short title. 

Sec. 301. Purpose. 

Sec. 302. Definitions. 

Sec. 303. Museum services activities. 

Sec. 304. Repeals. 

Sec. 305. Authorization of appropriations. 

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. Technical corrections. 

Sec. 504. Conforming amendment. 

Sec. 505. Repeals. 

Sec. 506. Effective date.

1 TITLE I—GENERAL PROVISIONS 

2 SEC. 101. GENERAL DEFINITIONS. 

3 Section 202 of the Museum and Library Services Act 

4 (20 U.S.C. 9101) is amended—

5 (1) by striking paragraphs (1) and (4); 

6 (2) by redesignating paragraph (2) as para7 graph (1); 
3

•S 238 IS 

1 (3) by inserting after paragraph (1), as redesig2 nated by paragraph (2) of this section, the following: 

3 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

5 group or community, including any Alaska native 

6 village, regional corporation, or village corporation, 

7 as defined in or established pursuant to the Alaska 

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

9 seq.), which is recognized by the Secretary of the In10 terior as eligible for the special programs and serv11 ices provided by the United States to Indians be12 cause of their status as Indians.’’; and 

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

14 ‘‘(4) MUSEUM AND LIBRARY SERVICES

15 BOARD.—The term ‘Museum and Library Services 

16 Board’ means the National Museum and Library 

17 Services Board established under section 207.’’. 

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

19 Section 203 of the Museum and Library Services Act 

20 (20 U.S.C. 9102) is amended—

21 (1) in subsection (b), by striking the last sen22 tence; and 

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

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

25 There shall be a National Museum and Library Services 
4

•S 238 IS 

1 Board within the Institute, as provided under section 

2 207.’’. 

3 SEC. 103. DIRECTOR OF THE INSTITUTE. 

4 Section 204 of the Museum and Library Services Act 

5 (20 U.S.C. 9103) is amended—

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

7 following: ‘‘Where appropriate, the Director shall en8 sure that activities under subtitle B are coordinated 

9 with activities under section 1251 of the Elementary 

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

11 6383).’’; and 

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

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

14 promulgate such rules and regulations as are necessary 

15 and appropriate to implement the provisions of this title.’’. 

16 SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES 

17 BOARD. 

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

19 9101 et seq.) is amended—

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

21 and 

22 (2) by inserting after section 206 the following: 
5

•S 238 IS 

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

2 BOARD. 

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

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

5 and Library Services Board’. 

6 ‘‘(b) MEMBERSHIP.—

7 ‘‘(1) NUMBER AND APPOINTMENT.—The Mu8 seum and Library Services Board shall be composed 

9 of the following: 

10 ‘‘(A) The Director. 

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

12 Library Services. 

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

14 Museum Services. 

15 ‘‘(D) The Chairman of the National Com16 mission on Libraries and Information Science. 

17 ‘‘(E) 10 members appointed by the Presi18 dent, by and with the advice and consent of the 

19 Senate, from among individuals who are citi20 zens of the United States and who are specially 

21 qualified in the area of library services by virtue 

22 of their education, training, or experience. 

23 ‘‘(F) 11 members appointed by the Presi24 dent, by and with the advice and consent of the 

25 Senate, from among individuals who are citi26 zens of the United States and who are specially
6

•S 238 IS 

1 qualified in the area of museum services by vir2 tue of their education, training, or experience. 

3 ‘‘(2) SPECIAL QUALIFICATIONS.—

4 ‘‘(A) LIBRARY MEMBERS.—Of the mem5 bers of the Museum and Library Services 

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

7 ‘‘(i) 5 shall be professional librarians 

8 or information specialists, of whom—

9 ‘‘(I) not less than 1 shall be 

10 knowledgeable about electronic infor11 mation and technical aspects of li12 brary and information services and 

13 sciences; and 

14 ‘‘(II) not less than 1 shall be 

15 knowledgeable about the library and 

16 information service needs of under17 served communities; and 

18 ‘‘(ii) the remainder shall have special 

19 competence in, or knowledge of, the needs 

20 for library and information services in the 

21 United States. 

22 ‘‘(B) MUSEUM MEMBERS.—Of the mem23 bers of the Museum and Library Services 

24 Board appointed under paragraph (1)(F)—
7

•S 238 IS 

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 individuals 

22 from various geographic regions of the United 

23 States. The Museum and Library Services Board 

24 may not include, at any time, more than 3 appoint25 ive members from a single State. In making such 
8

•S 238 IS 

1 appointments, the President shall give due regard to 

2 equitable representation of women, minorities, and 

3 persons with disabilities who are involved with muse4 ums and libraries. 

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 (E) or (F) 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 day before the date of enactment of the Mu22 seum and Library Services Act of 2003, may, 

23 at the individual’s election, complete the bal24 ance of the individual’s term as a member of 

25 the Museum and Library Services Board. 
9

•S 238 IS 

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)(E). 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 members of the 

17 Museum and Library Services Board shall be 

18 appointed in accordance with subsection (b). 

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

20 terms of the first members appointed to the 

21 Museum and Library Services Board shall be 

22 adjusted by the President as necessary to en23 sure that the terms of not more than 4 mem24 bers expire in the same year. Such adjustments 
10

•S 238 IS 

1 shall be carried out through designation of the 

2 adjusted term at the time of appointment. 

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

4 fill a vacancy shall serve for the remainder of the 

5 term for which the predecessor of the member was 

6 appointed. 

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

8 of the Museum and Library Services Board who has 

9 been a member for more than 7 consecutive years 

10 shall be eligible for reappointment. 

11 ‘‘(5) SERVICE UNTIL SUCCESSOR TAKES OF12 FICE.—Notwithstanding any other provision of this 

13 subsection, an appointive member of the Museum 

14 and Library Services Board shall serve after the ex15 piration of the term of the member until the suc16 cessor to the member takes office. 

17 ‘‘(d) DUTIES AND POWERS.—

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

19 Services Board shall advise the Director on general 

20 policies with respect to the duties, powers, and au21 thority of the Institute relating to museum and li22 brary services, including financial assistance award23 ed under this title.
11

•S 238 IS 

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

2 Library Services Board shall assist the Director in 

3 making awards under section 209. 

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

5 Chairperson of the Museum and Library Services Board. 

6 ‘‘(f) MEETINGS.—

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

8 Services Board shall meet not less than 2 times each 

9 year and at the call of the Director. 

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

11 Library Services Board with respect to the exercise 

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

13 vote of the members of the Board who are present 

14 and authorized to vote. 

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

16 the Museum and Library Services Board shall constitute 

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

18 but a lesser number of members may hold hearings. 

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

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

21 Museum and Library Services Board who is not an 

22 officer or employee of the Federal Government may 

23 be compensated at a rate to be fixed by the Presi24 dent, but not to exceed the daily equivalent of the 

25 maximum annual rate of pay authorized for a posi-
12

•S 238 IS 

1 tion above grade GS–15 of the General Schedule 

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

3 for each day (including travel time) during which 

4 such member is engaged in the performance of the 

5 duties of the Museum and Library Services Board. 

6 Members of the Museum and Libraries Services

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

8 Federal Government may not receive additional pay, 

9 allowances, or benefits by reason of their service on 

10 the Board. 

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

12 Museum and Library Services Board shall receive 

13 travel expenses, including per diem in lieu of subsist14 ence, in accordance with applicable provisions under 

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

16 Code. 

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

18 of the Museum and Library Services Board, shall take 

19 steps to ensure that the policies and activities of the Insti20 tute are coordinated with other activities of the Federal 

21 Government.’’. 

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

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

24 9101 et seq.) is amended by inserting after section 208 

25 (as redesignated by section 104 of this Act) the following: 
13

•S 238 IS 

1 ‘‘SEC. 209. AWARDS. 

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

3 Library Services Board, may annually award National 

4 Awards for Library Service and National Awards for Mu5 seum Service to outstanding libraries and outstanding mu6 seums, respectively, that have made significant contribu7 tions in service to their communities. 

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

9 SERVICES. 

10 ‘‘From amounts appropriated under sections 214(c) 

11 and 274(b), the Director shall carry out and publish anal12 yses of the impact of museum and library services. Such 

13 analyses—

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

15 with—

16 ‘‘(A) State library administrative agencies; 

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

18 and museum organizations; and 

19 ‘‘(C) other relevant agencies and organiza20 tions; 

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

22 trends of, museum and library services provided with 

23 funds made available under subtitles B and C; 

24 ‘‘(3) shall report on the impact and effective25 ness of programs conducted with funds made avail26 able by the Institute in addressing such needs; and 
14

•S 238 IS 

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
15

•S 238 IS 

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

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

3 (5), respectively. 

4 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

5 Section 214 of the Library Services and Technology 

6 Act (20 U.S.C. 9123) is amended—

7 (1) by amending subsection (a) to read as fol8 lows: 

9 ‘‘(a) IN GENERAL.—There are authorized to be ap10 propriated to carry out this subtitle $350,000,000 for fis11 cal year 2004 and such sums as may be necessary for fis12 cal years 2005 through 2009.’’; and 

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

14 and inserting ‘‘3.5 percent’’. 

15 SEC. 204. RESERVATIONS AND ALLOTMENTS. 

16 Section 221(b)(3) of the Library Services and Tech17 nology Act (20 U.S.C. 9131(b)(3)) is amended to read as 

18 follows: 

19 ‘‘(3) MINIMUM ALLOTMENTS.—

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

21 subsection, the minimum allotment for each 

22 State shall be $340,000, except that the min23 imum allotment shall be $40,000 in the case of 

24 the United States Virgin Islands, Guam, Amer25 ican Samoa, the Commonwealth of the North-
16

•S 238 IS 

1 ern Mariana Islands, the Republic of the Mar2 shall Islands, the Federated States of Micro3 nesia, and the Republic of Palau. 

4 ‘‘(B) RATABLE REDUCTIONS.—Notwith5 standing subparagraph (A), if the sum appro6 priated under the authority of section 214 and 

7 not reserved under subsection (a) for any fiscal 

8 year is insufficient to fully satisfy the require9 ment of subparagraph (A), each of the min10 imum allotments under such subparagraph shall 

11 be reduced ratably. 

12 ‘‘(C) EXCEPTION.—

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 subparagraph (A), if the sum appropriated 

15 under the authority of section 214 and not 

16 reserved under subsection (a) for any fiscal 

17 year exceeds the aggregate of the allot18 ments for all States under this subsection 

19 for fiscal year 2003—

20 ‘‘(I) the minimum allotment for 

21 each State otherwise receiving a min22 imum allotment of $340,000 under 

23 subparagraph (A) shall be increased 

24 to $680,000; and 
17

•S 238 IS 

1 ‘‘(II) the minimum allotment for 

2 each State otherwise receiving a min3 imum allotment of $40,000 under

4 subparagraph (A) shall be increased 

5 to $60,000. 

6 ‘‘(ii) INSUFFICIENT FUNDS TO AWARD

7 ALTERNATIVE MINIMUM.—If the sum ap8 propriated under the authority of section 

9 214 and not reserved under subsection (a) 

10 for any fiscal year exceeds the aggregate of 

11 the allotments for all States under this 

12 subsection for fiscal year 2003 yet is insuf13 ficient to fully satisfy the requirement of 

14 clause (i), such excess amount shall first 

15 be allotted among the States described in 

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

17 minimum allotment for each such State 

18 above $340,000. After the requirement of 

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

20 year, any remainder of such excess amount 

21 shall be allotted among the States de22 scribed in clause (i)(II) so as to increase 

23 equally the minimum allotment for each 

24 such State above $40,000. 

25 ‘‘(D) SPECIAL RULE.—
18

•S 238 IS 

1 ‘‘(i) IN GENERAL.—Notwithstanding 

2 any other provision of this subsection and 

3 using funds allotted for the Republic of the 

4 Marshall Islands, the Federated States of 

5 Micronesia, and the Republic of Palau 

6 under this subsection, the Director shall 

7 award grants to the United States Virgin 

8 Islands, Guam, American Samoa, the Com9 monwealth of the Northern Mariana Is10 lands, the Republic of the Marshall Is11 lands, the Federated States of Micronesia, 

12 or the Republic of Palau to carry out ac13 tivities described in this subtitle in accord14 ance with the provisions of this subtitle 

15 that the Director determines are not incon16 sistent with this subparagraph. 

17 ‘‘(ii) AWARD BASIS.—The Director 

18 shall award grants pursuant to clause (i) 

19 on a competitive basis and pursuant to rec20 ommendations from the Pacific Region 

21 Educational Laboratory in Honolulu, Ha22 waii. 

23 ‘‘(iii) ADMINISTRATIVE COSTS.—The 

24 Director may provide not more than 5 per25 cent of the funds made available for grants 
19

•S 238 IS 

1 under this subparagraph to pay the admin2 istrative costs of the Pacific Region Edu3 cational Laboratory regarding activities as4 sisted under this subparagraph.’’. 

5 SEC. 205. STATE PLANS. 

6 Section 224 of the Library Services and Technology 

7 Act (20 U.S.C. 9134) is amended—

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

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

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

11 (2) in subsection (f)—

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

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

14 (B) in paragraph (1)— 

15 (i) by striking ‘‘1934,’’ and all that 

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

17 ‘‘1934 (47 U.S.C. 254(h)(6)) may’’; and 

18 (ii) by striking ‘‘section 213(2)(A) or 

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

20 (B)’’; and 

21 (C) in paragraph (7)—

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘section:’’ and in24 serting ‘‘subsection:’’; and
20

•S 238 IS 

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

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

3 SEC. 206. GRANTS TO STATES. 

4 Section 231 of the Library Services and Technology 

5 Act (20 U.S.C. 9141) is amended—

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

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

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

9 to information and educational resources in a variety 

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

11 of all ages; 

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

13 users access to information through local, State, re14 gional, national, and international electronic net15 works; 

16 ‘‘(3) providing electronic and other linkages 

17 among and between all types of libraries; 

18 ‘‘(4) developing public and private partnerships 

19 with other agencies and community-based organiza20 tions; 

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

22 diverse geographic, cultural, and socioeconomic back23 grounds, to individuals with disabilities, and to indi24 viduals with limited functional literacy or informa25 tion skills; and 
21

•S 238 IS 

1 ‘‘(6) targeting library and information services 

2 to persons having difficulty using a library and to 

3 underserved urban and rural communities, including 

4 children (from birth through age 17) from families 

5 with incomes below the poverty line (as defined by 

6 the Office of Management and Budget and revised 

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

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

9 9902(2))) applicable to a family of the size in10 volved.’’; and 

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

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

13 such subsection,’’ and inserting ‘‘among such pur14 poses,’’. 

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

16 COOPERATIVE AGREEMENTS. 

17 Section 262(a)(1) of the Library Services and Tech18 nology Act (20 U.S.C. 9162(a)(1)) is amended by striking 

19 ‘‘education and training’’ and inserting ‘‘education, re20 cruitment, and training’’. 

21 TITLE III—MUSEUM SERVICES 

22 SEC. 300. SHORT TITLE. 

23 Subtitle C of the Museum and Library Services Act 

24 (20 U.S.C. 9171 et seq.) is amended by inserting before 

25 section 271 the following: 
22

•S 238 IS 

1 ‘‘SEC. 270. SHORT TITLE. 

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

3 Act’.’’.

4 SEC. 301. PURPOSE. 

5 Section 271 of the Museum and Library Services Act 

6 (20 U.S.C. 9171) is amended to read as follows: 

7 ‘‘SEC. 271. PURPOSE. 

8 ‘‘It is the purpose of this subtitle—

9 ‘‘(1) to encourage and support museums in car10 rying out their public service role of connecting the 

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

12 natural, and scientific understandings that con13 stitute our heritage; 

14 ‘‘(2) to encourage and support museums in car15 rying out their educational role, as core providers of 

16 learning and in conjunction with schools, families, 

17 and communities; 

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

19 applications of the most current technologies and 

20 practices to enhance museum services; 

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

22 in carrying out their stewardship responsibilities to 

23 achieve the highest standards in conservation and 

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

25 heritage of the United States to benefit future gen26 erations; 
23

•S 238 IS 

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
24

•S 238 IS 

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-
25

•S 238 IS 

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 
26

•S 238 IS 

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.—The Director shall 

8 establish procedures for reviewing and evaluating arrange9 ments described in subsection (a) entered into under this 

10 subtitle. Procedures for reviewing such arrangements shall 

11 not be subject to any review outside of the Institute. 

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

13 amounts appropriated under section 274, 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 to organizations that primarily serve and represent 

17 Native Hawaiians (as defined in section 7207 of the Na18 tive 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. 
27

•S 238 IS 

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 274 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 ‘‘$65,000,000 for fiscal year 2004 and such sums as 

11 may be necessary for fiscal years 2005 through 

12 2009.’’. 

13 TITLE IV—NATIONAL COMMIS14 SION ON LIBRARIES AND IN15 FORMATION SCIENCE ACT 

16 SEC. 401. AMENDMENT TO CONTRIBUTIONS. 

17 Section 4 of the National Commission on Libraries 

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

19 by striking ‘‘accept, hold, administer, and utilize gifts, be20 quests, and devises of property,’’ and inserting ‘‘solicit, ac21 cept, hold, administer, invest in the name of the United 

22 States, and utilize gifts, bequests, and devises of services 

23 or property,’’.
28

•S 238 IS 

1 SEC. 402. AMENDMENT TO MEMBERSHIP. 

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

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

4 amended—

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

6 least one other of whom shall be knowledgeable with 

7 respect to the library and information service and 

8 science needs of the elderly’’; 

9 (2) by amending the fourth sentence to read as 

10 follows: ‘‘A majority of members of the Commission 

11 who have taken office and are serving on the Com12 mission shall constitute a quorum for conduct of 

13 business at official meetings of the Commission’’; 

14 and 

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

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

17 and inserting ‘‘five years, except that—

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

19 fill a vacancy occurring prior to the expiration of the 

20 term for which the member’s predecessor was ap21 pointed, shall be appointed only for the remainder of 

22 such term; and 

23 ‘‘(2) any member of the Commission may con24 tinue to serve after an expiration of the member’s 

25 term of office until such member’s successor is ap-
29

•S 238 IS 

1 pointed, has taken office, and is serving on the Com2 mission.’’. 

3 TITLE V—MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS INDEM6 NITY ACT. 

7 Section 5 of the Arts and Artifacts Indemnity Act 

8 (20 U.S.C. 974) is amended—

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

10 ‘‘$5,000,000,000’’ and inserting ‘‘$8,000,000,000’’; 

11 (2) in subsection (c), by striking 

12 ‘‘$500,000,000’’ and inserting ‘‘$750,000,000’’; and 

13 (3) in subsection (d)—

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

15 after the semicolon; 

16 (B) by striking paragraph (7) and insert17 ing the following: 

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

19 $500,000,000, then coverage under this chapter 

20 shall extend only to loss or damage in excess of the 

21 first $400,000 of loss or damage to items covered; 

22 or 

23 ‘‘(8) $500,000,000 or more, then coverage 

24 under this chapter shall extend only to loss or dam-
30

•S 238 IS 

1 age in excess of the first $500,000 of loss or damage 

2 to items covered.’’. 

3 SEC. 502. NATIONAL CHILDREN’S MUSEUM. 

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

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

6 any successor location), organized under the laws of the 

7 District of Columbia, is designated as the ‘‘National Chil8 dren’s Museum’’. 

9 (b) REFERENCES.—Any reference in a law, map, reg10 ulation, document, paper, or other record of the United 

11 States to the Capital Children’s Museum referred to in 

12 subsection (a) shall be deemed to be a reference to the 

13 National Children’s Museum. 

14 SEC. 503. TECHNICAL CORRECTIONS. 

15 (a) TITLE HEADING.—The title heading for the Mu16 seum and Library Services Act (20 U.S.C. 9101 et seq.) 

17 is amended to read as follows: 

18 ‘‘TITLE II—MUSEUM AND 

19 LIBRARY SERVICES’’. 

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

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

22 U.S.C. 9101 et seq.) is amended to read as follows: 
31

•S 238 IS 

1 ‘‘Subtitle A—General Provisions’’. 

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

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

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

5 ‘‘Subtitle B—Library Services and 

6 Technology’’. 

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

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

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

10 ‘‘Subtitle C—Museum Services’’. 

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

12 and Library Services Act (20 U.S.C. 9106) (as redesig13 nated by section 104 of this Act) is amended by striking 

14 ‘‘property of services’’ and inserting ‘‘property or serv15 ices’’. 

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

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

18 9134(b)(5)) is amended by striking ‘‘and’’ at the end. 

19 (g) NATIONAL LEADERSHIP GRANTS, CONTRACTS, 

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

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

22 9162(b)(1)) is amended by striking ‘‘cooperative agree23 ments, with,’’ and inserting ‘‘cooperative agreements 

24 with,’’. 
32

•S 238 IS 

1 SEC. 504. CONFORMING AMENDMENT. 

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

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

4 of computer technology and equipment for educational 

5 purposes) is amended by striking ‘‘section 213(2)(A) of 

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

7 9122(2)(A)’’ and inserting ‘‘section 213(1)(A) of the Li8 brary Services and Technology Act (20 U.S.C. 

9 9122(1)(A))’’. 

10 SEC. 505. REPEALS. 

11 (a) NATIONAL COMMISSION ON LIBRARIES AND IN12 FORMATION SCIENCE ACT.—Section 5 of the National 

13 Commission on Libraries and Information Science Act (20 

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

15 (c) and redesignating subsections (d), (e), and (f) as sub16 sections (b), (c), and (d), respectively. 

17 (b) MUSEUM AND LIBRARY SERVICES ACT OF

18 1996.—Sections 704 through 707 of the Museum and Li19 brary Services Act of 1996 (20 U.S.C. 9102 note, 9103 

20 note, and 9105 note) are repealed. 

21 SEC. 506. EFFECTIVE DATE. 

22 The amendments made by this Act shall take effect 

23 on October 1, 2003.

Æ