I
107TH CONGRESS
2D SESSION
H. R. 3784
To reauthorize the Museum and Library Services Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 26, 2002
Mr. HOEKSTRA (for himself, Mr. ROEMER, Mr. BOEHNER, Mr. PETRI, Mrs.
ROUKEMA, Mr. GREENWOOD, Mr. GRAHAM, Mr. KILDEE, Mr. OWENS,
Mr. ANDREWS, Mr. KUCINICH, Mr. HOLT, Mr. CUNNINGHAM, Ms.
ESHOO, Ms. SLAUGHTER, Mr. TOWNS, Mr. JENKINS, Mr. HALL of Ohio,
Mr. DOYLE, Mr. FRANK, Mr. SKELTON, Mr. NEAL of Massachusetts, Mr.
GREEN of Wisconsin, Mr. MCGOVERN, Mr. RAHALL, and Mr. SUNUNU)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
A BILL
To reauthorize the Museum and Library Services Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Museum and Library
Services Act of 2002’’.
TITLE I—GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITIONS.
Section 202 of the Museum and Library Services Act
(20 U.S.C. 9101) is amended—
(1) by striking paragraphs (1) and (4);
(2) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(3) by adding at the end the following:
‘‘(3) 
MUSEUM
AND
LIBRARY
SERVICES
BOARD.—The term ‘‘Museum and Library Services
Board’’ means the National Museum and Library
Services Board established under section 207.’’.
SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
Section 203 of the Museum and Library Services Act
(20 U.S.C. 9102) is amended—
(1) in subsection (b), by striking the last sen-
tence; and
(2) by adding at the end the following:
‘‘(c) MUSEUM AND LIBRARY SERVICES BOARD.—
There shall be a National Museum and Library Services
Board within the Institute, as provided under section
207.’’.
SEC. 103. DIRECTOR OF THE INSTITUTE.
Section 204(e) of the Museum and Library Services
Act (20 U.S.C. 9103(e)) is amended by adding at the end
the following: ‘‘Where appropriate, the Director shall en-
sure that activities under subtitle B are coordinated with
activities under section 1251 of the Elementary and Sec-
ondary Education Act of 1965 (as amended by the No
Child Left Behind Act of 2001 (Public Law 107–110)).’’.
SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES
BOARD.
The Museum and Library Services Act (20 U.S.C.
9101 et seq.) is amended—
(1) by redesignating section 207 as section 208;
and
(2) by inserting after section 206 the following:
‘‘SEC. 207. NATIONAL MUSEUM AND LIBRARY SERVICES
BOARD.
‘‘(a) ESTABLISHMENT.—There is established in the
Institute a board to be known as the ‘National Museum
and Library Services Board’.
‘‘(b) MEMBERSHIP.—
‘‘(1) NUMBER AND APPOINTMENT.—The Mu-
seum and Library Services Board shall be composed
of the following:
‘‘(A) The Director.
‘‘(B) The Deputy Director of the Office of
Library Services.
‘‘(C) The Deputy Director of the Office of
Museum Services.
‘‘(D) 10 members appointed by the Presi-
dent, by and with the advice and consent of the
Senate, from among individuals who are citi-
zens of the United States and who are specially
qualified in the area of library services by virtue
of their education, training, or experience.
‘‘(E) 10 members appointed by the Presi-
dent, by and with the advice and consent of the
Senate, from among individuals who are citi-
zens of the United States and who are specially
qualified in the area of museum services by vir-
tue of their education, training, or experience.
‘‘(2) SPECIAL QUALIFICATIONS.—
‘‘(A) LIBRARY
MEMBERS.—Of the mem-
bers of the Museum and Library Services
Board appointed under paragraph (1)(D)—
‘‘(i) 5 shall be professional librarians
or information specialists, of whom—
‘‘(I) at least 1 shall be knowl-
edgeable about electronic information
and technical aspects of library and
information services and sciences; and
‘‘(II) and at least 1 other shall be
knowledgeable about the library and
information service needs of under-
served communities; and
‘‘(ii) the remainder shall have special
competence in, or knowledge of, the needs
for library and information services in the
United States.
‘‘(B) MUSEUM
MEMBERS.—Of the mem-
bers of the Museum and Library Services
Board appointed under paragraph (1)(E)—
‘‘(i) 5 shall be museum professionals
who are or have been affiliated with—
‘‘(I) resources that, collectively,
are broadly representative of the cura-
torial, conservation, educational, and
cultural resources of the United
States; or
‘‘(II) museums that, collectively,
are broadly representative of various
types of museums, including museums
relating to science, history, tech-
nology, art, zoos, botanical gardens,
and museums designed for children;
and
‘‘(ii) the remainder shall be individ-
uals recognized for their broad knowledge,
expertise, or experience in museums or
commitment to museums.
‘‘(3) GEOGRAPHIC
AND
OTHER
REPRESENTA-
TION.—Members of the Museum and Library Serv-
ices Board shall be appointed to reflect persons from
various geographic regions of the United States. The
Museum and Library Services Board may not in-
clude, at any time, more than 3 appointive members
from a single State. In making such appointments,
the President shall give due regard to equitable rep-
resentation of women, minorities, and persons with
disabilities who are involved with museums and li-
braries.
‘‘(4) VOTING.—The Director, the Deputy Direc-
tor of the Office of Library Services, and the Deputy
Director of the Office of Museum Services shall be
nonvoting members of the Museum and Library
Services Board.
‘‘(c) TERMS.—
‘‘(1) IN GENERAL.—Each member of the Mu-
seum and Library Services Board appointed under
subparagraph (D) or (E) of paragraph (1) shall
serve for a term of 5 years, except that—
‘‘(A) of the members first appointed, 5
shall serve for terms of 5 years, 5 shall serve
for terms of 4 years, 5 shall serve for terms of
3 years, and 5 shall serve for terms of 2 years,
as designated by the President at the time of
nomination for appointment; and
‘‘(B) any member appointed to fill a va-
cancy shall serve for the remainder of the term
for which the predecessor of the member was
appointed.
‘‘(2) REAPPOINTMENT.—No appointive member
of the Museum and Library Services Board who has
been a member for more than 7 consecutive years
shall be eligible for reappointment.
‘‘(3) SERVICE
UNTIL
SUCCESSOR
TAKES
OF-
FICE.—Notwithstanding any other provision of this
subsection, an appointive member of the Museum
and Library Services Board shall serve after the ex-
piration of the term of the member until the suc-
cessor to the member takes office.
‘‘(d) DUTIES AND POWERS.—
‘‘(1) IN GENERAL.—The Museum and Library
Services Board shall advise the Director on general
policies with respect to the duties, powers, and au-
thority of the Institute relating to museum and li-
brary services, including financial assistance award-
ed under this title.
‘‘(2) NATIONAL
AWARDS.—The Museum and
Library Services Board shall assist the Director in
making awards under section 209.
‘‘(e) CHAIRPERSON.—The Director shall serve as
Chairperson of the Museum and Library Services Board.
‘‘(f) MEETINGS.—
‘‘(1) IN GENERAL.—The Museum and Library
Services Board shall meet not less than 2 times each
year and at the call of the Director.
‘‘(2) VOTE.—All decisions by the Museum and
Library Services Board with respect to the exercise
of its duties and powers shall be made by a majority
vote of the members of the Board who are present
and authorized to vote.
‘‘(g) QUORUM.—A majority of the voting members of
the Museum and Library Services Board shall constitute
a quorum for the conduct of business at official meetings,
but a lesser number of members may hold hearings.
‘‘(h) COMPENSATION AND TRAVEL EXPENSES.—
‘‘(1) COMPENSATION.—Each member of the
Museum and Library Services Board who is not an
officer or employee of the Federal Government may
be compensated at a rate to be fixed by the Presi-
dent, but not to exceed the daily equivalent of the
maximum annual rate of pay authorized for a posi-
tion above grade GS–15 of the General Schedule
under section 5108 of title 5, United States Code,
for each day (including travel time) during which
such member is engaged in the performance of the
duties of the Museum and Library Services Board.
Members of the Museum and Libraries Services
Board who are full-time officers or employees of the
Federal Government may not receive additional pay,
allowances, or benefits by reason of their service on
the Board.
‘‘(2) TRAVEL EXPENSES.—Each member of the
Museum and Library Services Board shall receive
travel expenses, including per diem in lieu of subsist-
ence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States
Code.
‘‘(i) COORDINATION.—The Director, with the advice
of the Museum and Library Services Board, shall take
steps to ensure that the policies and activities of the Insti-
tute are coordinated with other activities of the Federal
Government.’’.
SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.
The Museum and Library Services Act (20 U.S.C.
9101 et seq.) is amended by inserting after section 208
(as redesignated by section 104 of this Act) the following:
‘‘SEC. 209. AWARDS.
‘‘The Director, with the advice of the Museum and
Library Services Board, may annually award National
Awards for Library Service and National Awards for Mu-
seum Service to outstanding libraries and outstanding mu-
seums, respectively, that have made significant contribu-
tions in service to their communities.
‘‘SEC. 210. ANALYSIS OF IMPACT OF MUSEUM AND LIBRARY
SERVICES.
‘‘From amounts described in sections 214(c) and
274(b), the Director shall carry out and publish analyses
of the impact of museum and library services. Such
analyses—
‘‘(1) shall be conducted in ongoing consultation
with—
‘‘(A) State library administrative agencies;
‘‘(B) State, regional, and national library
and museum organizations; and
‘‘(C) other relevant agencies and organiza-
tions;
‘‘(2) shall identify national needs for, and
trends of, museum and library services provided with
funds made available under subtitles B and C;
‘‘(3) shall report on the impact and effective-
ness of programs conducted with funds made avail-
able by the Institute in addressing such needs; and
‘‘(4) shall identify, and disseminate information
on, the best practices of such programs to the agen-
cies and entities described in paragraph (1).’’.
TITLE II—LIBRARY SERVICES
AND TECHNOLOGY
SEC. 201. PURPOSE.
Section 212 of the Library Services and Technology
Act (20 U.S.C. 9121) is amended by striking paragraphs
(2) through (5) and inserting the following:
‘‘(2) to promote improvement in library services
in all types of libraries in order to better serve the
people of the United States;
‘‘(3) to facilitate access to resources in all types
of libraries for the purpose of cultivating an edu-
cated and informed citizenry; and
‘‘(4) to encourage resource sharing among all
types of libraries for the purpose of achieving eco-
nomical and efficient delivery of library services to
the public.’’.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 214 of the Library Services and Technology
Act (20 U.S.C. 9123) is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this subtitle such sums as may
be necessary for fiscal years 2003 through 2008.’’; and
(2) in subsection (c), by striking ‘‘3 percent’’
and inserting ‘‘3.5 percent’’.
SEC. 203. RESERVATIONS AND ALLOTMENTS.
Section 221(b)(3) of the Library Services and Tech-
nology Act (20 U.S.C. 9131(b)(3)) is amended to read as
follows:
‘‘(3) MINIMUM ALLOTMENTS.—
‘‘(A) IN GENERAL.—For purposes of this
subsection, the minimum allotment for each
State shall be $340,000, except that the min-
imum allotment shall be $40,000 in the case of
the United States Virgin Islands, Guam, Amer-
ican Samoa, the Commonwealth of the North-
ern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Micro-
nesia, and the Republic of Palau.
‘‘(B) RATABLE
REDUCTIONS.—Notwith-
standing subparagraph (A), if the sum appro-
priated under the authority of section 214 and
not reserved under subsection (a) for any fiscal
year is insufficient to fully satisfy the require-
ment of subparagraph (A), each of the min-
imum allotments under such subparagraph shall
be reduced ratably.
‘‘(C) EXCEPTION.—
‘‘(i) IN
GENERAL.—Notwithstanding
subparagraph (A), if the sum appropriated
under the authority of section 214 and not
reserved under subsection (a) for any fiscal
year exceeds the aggregate of the allot-
ments for all States under this subsection
for fiscal year 2002, the minimum allot-
ment for each State otherwise receiving a
minimum allotment of $340,000 under
subparagraph (A) shall be increased to
$500,000.
‘‘(ii) INSUFFICIENT FUNDS TO AWARD
ALTERNATIVE MINIMUM.—If the sum ap-
propriated under the authority of section
214 and not reserved under subsection (a)
for any fiscal year is insufficient to fully
satisfy the requirement of clause (i), the
excess amount referred to in such clause
shall be allotted among the States other-
wise receiving a minimum allotment of
$340,000 under subparagraph (A) so as to
increase equally the minimum allotment
for each such State.
‘‘(D) COORDINATION.—With respect to the
allotments made to the Republic of the Mar-
shall Islands, the Federated States of Micro-
nesia, and the Republic of Palau under this
paragraph, the Director may coordinate with
the Pacific Region Educational Laboratory in
Honolulu, Hawaii, to provide technical assist-
ance, where appropriate.’’.
SEC. 204. STATE PLANS.
Section 224 of the Library Services and Technology
Act (20 U.S.C. 9134) is amended—
(1) in subsection (a)(1), by striking ‘‘not later
than April 1, 1997.’’ and inserting ‘‘once every 5
years, as determined by the Director.’’; and
(2) in subsection (f)—
(A) by striking ‘‘this Act’’ each place such
term appears and inserting ‘‘this subtitle’’;
(B) in paragraph (1), by striking ‘‘1934,’’
and all that follows through ‘‘Act, may’’ and in-
serting ‘‘1934 (47 U.S.C. 254(h)(6)) may’’; and
(C) in paragraph (7)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘section:’’ and in-
serting ‘‘subsection:’’; and
(ii) in subparagraph (D), by striking
‘‘given’’ and inserting ‘‘applicable to’’.
SEC. 205. GRANTS TO STATES.
Section 231 of the Library Services and Technology
Act (20 U.S.C. 9141) is amended—
(1) in subsection (a), by striking paragraphs
(1) and (2) and inserting the following:
‘‘(1) expanding services for learning and access
to information and educational resources in a variety
of formats, in all types of libraries, for individuals
of all ages;
‘‘(2) developing library services that provide all
users access to information through local, State, re-
gional, national, and international electronic net-
works;
‘‘(3) providing electronic and other linkages
among and between all types of libraries;
‘‘(4) developing public and private partnerships
with other agencies and community-based organiza-
tions;
‘‘(5) targeting library services to individuals of
diverse geographic, cultural, and socioeconomic back-
grounds, to individuals with disabilities, and to indi-
viduals with limited functional literacy or informa-
tion skills; and
‘‘(6) targeting library and information services
to persons having difficulty using a library and to
underserved urban and rural communities, including
children (from birth through age 17) from families
with incomes below the poverty line (as defined by
the Office of Management and Budget and revised
annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size in-
volved.’’; and
(2) in subsection (b), by striking ‘‘between the
two purposes described in paragraphs (1) and (2) of
such subsection,’’ and inserting ‘‘among such pur-
poses,’’.
SEC. 206. SERVICES FOR NATIVE AMERICANS.
Section 261 of the Library Services and Technology
Act (20 U.S.C. 9161) is amended by striking ‘‘7207’’ and
inserting ‘‘7202’’.
SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR
COOPERATIVE AGREEMENTS.
Section 262(a)(1) of the Library Services and Tech-
nology Act (20 U.S.C. 9162(a)(1)) is amended by striking
‘‘education and training’’ and inserting ‘‘education, re-
cruitment, and training’’.
TITLE III—MUSEUM SERVICES
SEC. 301. PURPOSE.
Section 271 of the Museum and Library Services Act
(20 U.S.C. 9171) is amended to read as follows:
‘‘SEC. 271. PURPOSE.
‘‘It is the purpose of this subtitle—
‘‘(1) to encourage and support museums in car-
rying out their public service role of connecting the
whole of society to the cultural, artistic, historical,
natural, and scientific understandings that con-
stitute our heritage;
‘‘(2) to encourage and support museums in car-
rying out their educational role, as core providers of
learning and in conjunction with schools, families,
and communities;
‘‘(3) to encourage leadership, innovation, and
applications of the most current technologies and
practices to enhance museum services;
‘‘(4) to assist, encourage, and support museums
in carrying out their stewardship responsibilities to
achieve the highest standards in conservation and
care of the cultural, historic, natural, and scientific
heritage of the United States to benefit future gen-
erations;
‘‘(5) to assist, encourage, and support museums
in achieving the highest standards of management
and service to the public, and to ease the financial
burden borne by museums as a result of their in-
creasing use by the public; and
‘‘(6) to support resource sharing and partner-
ships among museums, libraries, schools, and other
community organizations.’’.
SEC. 302. DEFINITIONS.
Section 272(1) of the Museum and Library Services
Act (20 U.S.C. 9172(1)) is amended by adding at the end
the following: ‘‘Such term includes aquariums, arbore-
tums, botanical gardens, art museums, children’s muse-
ums, general museums, historic houses and sites, history
museums, nature centers, natural history and anthro-
pology museums, planetariums, science and technology
centers, specialized museums, and zoological parks.’’.
SEC. 303. MUSEUM SERVICES ACTIVITIES.
Section 273 of the Museum and Library Services Act
(20 U.S.C. 9173) is amended to read as follows:
‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES.
‘‘(a) IN GENERAL.—The Director, subject to the pol-
icy direction of the Museum and Library Services Board,
may enter into arrangements, including grants, contracts,
cooperative agreements, and other forms of assistance to
museums and other entities as the Director considers ap-
propriate, to pay for the Federal share of the cost—
‘‘(1) to support museums in providing learning
and access to collections, information, and edu-
cational resources in a variety of formats (including
exhibitions, programs, publications, and websites)
for individuals of all ages;
‘‘(2) to support museums in building learning
partnerships with the Nation’s schools and devel-
oping museum resources and programs in support of
State and local school curricula;
‘‘(3) to support museums in assessing, con-
serving, researching, maintaining, and exhibiting
their collections, and in providing educational pro-
grams to the public through the use of their collec-
tions;
‘‘(4) to stimulate greater collaboration among
museums, libraries, schools, and other community
organizations in order to share resources and
strengthen communities;
‘‘(5) to encourage the use of new technologies
and broadcast media to enhance access to museum
collections, programs, and services;
‘‘(6) to support museums in providing services
to people of diverse geographic, cultural, and socio-
economic backgrounds and to individuals with dis-
abilities;
‘‘(7) to support museums in developing and car-
rying out specialized programs for specific segments
of the public, such as programs for urban neighbor-
hoods, rural areas, Indian reservations, and State
institutions;
‘‘(8) to support professional development and
technical assistance programs to enhance museum
operations at all levels, in order to ensure the high-
est standards in all aspects of museum operations;
‘‘(9) to support museums in research, program
evaluation, and the collection and dissemination of
information to museum professionals and the public;
and
‘‘(10) to encourage, support, and disseminate
model programs of museum and library collabora-
tion.
‘‘(b) FEDERAL SHARE.—
‘‘(1) 50 PERCENT.—Except as provided in para-
graph (2), the Federal share described in subsection
(a) shall be not more than 50 percent.
‘‘(2) GREATER THAN 50 PERCENT.—The Direc-
tor may use not more than 20 percent of the funds
made available under this subtitle for a fiscal year
to enter into arrangements under subsection (a) for
which the Federal share may be greater than 50
percent.
‘‘(3) OPERATIONAL EXPENSES.—No funds for
operational expenses may be provided under this sec-
tion to any entity that is not a museum.
‘‘(c) REVIEW AND EVALUATION.—The Director shall
establish procedures for reviewing and evaluating arrange-
ments described in subsection (a) entered into under this
subtitle. Procedures for reviewing such arrangements shall
not be subject to any review outside of the Institute.’’.
SEC. 304. REPEALS.
Sections 274 and 275 and of the Museum and Li-
brary Services Act (20 U.S.C. 9174 and 9175) are re-
pealed.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 276 of the Museum and Library Services Act
(20 U.S.C. 9176)—
(1) is redesignated as section 274 of such Act;
and
(2) is amended, in subsection (a), by striking
‘‘$28,700,000 for the fiscal year 1997, and such
sums as may be necessary for each of the fiscal
years 1998 through 2002.’’ and inserting ‘‘such
sums as may be necessary for fiscal years 2003
through 2008.’’.
TITLE IV—TECHNICAL CORREC-
TIONS; REPEALS; EFFECTIVE
DATE
SEC. 401. TECHNICAL CORRECTIONS.
(a) TITLE HEADING.—The title heading for the Mu-
seum and Library Services Act (20 U.S.C. 9101 et seq.)
is amended to read as follows:
‘‘TITLE II—MUSEUM AND
LIBRARY SERVICES’’.
(b) SUBTITLE A HEADING.—The subtitle heading for
subtitle A of the Museum and Library Services Act (20
U.S.C. 9101 et seq.) is amended to read as follows:
‘‘Subtitle A—General Provisions’’.
(c) SUBTITLE B HEADING.—The subtitle heading for
subtitle B of the Museum and Library Services Act (20
U.S.C. 9121 et seq.) is amended to read as follows:
‘‘Subtitle B—Library Services and
Technology’’.
(d) SUBTITLE C HEADING.—The subtitle heading for
subtitle C of the Museum and Library Services Act (20
U.S.C. 9171 et seq.) is amended to read as follows:
‘‘Subtitle C—Museum Services’’.
(e) CONTRIBUTIONS.—Section 208 of the Museum
and Library Services Act (20 U.S.C. 9106) (as redesig-
nated by section 104 of this Act) is amended by striking
‘‘property of services’’ and inserting ‘‘property or serv-
ices’’.
(f) STATE PLAN CONTENTS.—Section 224(b)(5) of
the Library Services and Technology Act (20 U.S.C.
9134(b)(5)) is amended by striking ‘‘and’’ at the end.
(g) NATIONAL LEADERSHIP GRANTS, CONTRACTS,
OR COOPERATIVE AGREEMENTS.—Section 262(b)(1) of
the Museum and Library Services Act (20 U.S.C.
9162(b)(1)) is amended by striking ‘‘cooperative agree-
ments, with,’’ and inserting ‘‘cooperative agreements
with,’’.
SEC. 402. REPEALS.
(a) NATIONAL COMMISSION ON LIBRARIES AND IN-
FORMATION SCIENCE ACT.—Section 5 of the National
Commission on Libraries and Information Science Act (20
U.S.C. 1504) is amended by striking subsections (b) and
(c) and redesignating subsections (d), (e), and (f) as sub-
sections (b), (c), and (d), respectively.
(b) MUSEUM
AND
LIBRARY
SERVICES
ACT
OF
1996.—Sections 704 through 707 of the Museum and Li-
brary Services Act of 1996 (20 U.S.C. 9102 note, 9103
note, and 9105 note) are repealed.
SEC. 403. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on October 1, 2002.
Æ