[108th Congress Public Law 81]
[From the U.S. Government Printing Office]
[DOCID: f:publ081.108]
[[Page 117 STAT. 991]]
Public Law 108-81
108th Congress
An Act
To reauthorize the Museum and Library Services Act, and for other
purposes. <<NOTE: Sept. 25, 2003 - [H.R. 13]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Museum and Library Services
Act of 2003.>> assembled,
SECTION 1. <<NOTE: 20 USC 9101 note.>> SHORT TITLE.
This Act may be cited as the ``Museum and Library Services Act of
2003''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. General definitions.
Sec. 102. Institute of Museum and Library Services.
Sec. 103. Director of the Institute.
Sec. 104. National Museum and Library Services Board.
Sec. 105. Awards; analysis of impact of services.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Reservations and allotments.
Sec. 205. State plans.
Sec. 206. Grants to States.
Sec. 207. National leadership grants, contracts, or cooperative
agreements.
TITLE III--MUSEUM SERVICES
Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Repeals.
Sec. 305. Authorization of appropriations.
Sec. 306. Short title.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
Sec. 401. Amendment to contributions.
Sec. 402. Amendment to membership.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Amendments to Arts and Artifacts Indemnity Act.
Sec. 502. National children's museum.
Sec. 503. Conforming amendment.
Sec. 504. Technical corrections.
Sec. 505. Repeals.
Sec. 506. Effective date.
[[Page 117 STAT. 992]]
TITLE I--GENERAL PROVISIONS
SEC. 101. GENERAL DEFINITIONS.
Section 202 of the Museum and Library Services Act (20 U.S.C. 9101)
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Determined to be obscene.--The term `determined to be
obscene' means determined, in a final judgment of a court of
record and of competent jurisdiction in the United States, to be
obscene.'';
(2) by striking paragraph (4);
(3) by redesignating paragraph (3) as paragraph (5);
(4) by inserting after paragraph (2) the following:
``(3) Final judgment.--The term `final judgment' means a
judgment that is--
``(A) not reviewed by any other court that has
authority to review such judgment; or
``(B) not reviewable by any other court.
``(4) Indian tribe.--The term `Indian tribe' means any
tribe, band, nation, or other organized group or community,
including any Alaska native village, regional corporation, or
village corporation (as defined in, or established pursuant to,
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)), which is recognized by the Secretary of the Interior as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.'';
and
(5) by adding at the end the following:
``(6) Museum and library services board.--The term `Museum
and Library Services Board' means the National Museum and
Library Services Board established under section 207.
``(7) Obscene.--The term `obscene' means, with respect to a
project, that--
``(A) the average person, applying contemporary
community standards, would find that such project, when
taken as a whole, appeals to the prurient interest;
``(B) such project depicts or describes sexual
conduct in a patently offensive way; and
``(C) such project, when taken as a whole, lacks
serious literary, artistic, political, or scientific
value.''.
SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
Section 203 of the Museum and Library Services Act (20 U.S.C. 9102)
is amended--
(1) in subsection (b), by striking the last sentence; and
(2) by adding at the end the following:
``(c) Museum and Library Services Board.--There shall be a National
Museum and Library Services Board within the Institute, as provided
under section 207.''.
SEC. 103. DIRECTOR OF THE INSTITUTE.
Section 204 of the Museum and Library Services Act (20 U.S.C. 9103)
is amended--
(1) in subsection (e), by adding at the end the following:
``Where appropriate, the Director shall ensure that activities
under subtitle B are coordinated with activities under section
[[Page 117 STAT. 993]]
1251 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6383).''; and
(2) by adding at the end the following:
``(f) Regulatory Authority.--The Director may promulgate such rules
and regulations as are necessary and appropriate to implement the
provisions of this title.
``(g) Application Procedures.--
``(1) In general.--In order to be eligible to receive
financial assistance under this title, a person or agency shall
submit an application in accordance with procedures established
by the Director by regulation.
``(2) Review and evaluation.--The Director shall establish
procedures for reviewing and evaluating applications submitted
under this title. Actions of the Institute and the Director in
the establishment, modification, and revocation of such
procedures under this Act are vested in the discretion of the
Institute and the Director. In establishing such procedures, the
Director shall ensure that the criteria by which applications
are evaluated are consistent with the purposes of this title,
taking into consideration general standards of decency and
respect for the diverse beliefs and values of the American
public.
``(3) Treatment of projects determined to be obscene.--
``(A) In general.--The procedures described in
paragraph (2) shall include provisions that clearly
specify that obscenity is without serious literary,
artistic, political, or scientific merit, and is not
protected speech.
``(B) Prohibition.--No financial assistance may be
provided under this title with respect to any project
that is determined to be obscene.
``(C) Treatment of application disapproval.--The
disapproval of an application by the Director shall not
be construed to mean, and shall not be considered as
evidence that, the project for which the applicant
requested financial assistance is or is not obscene.''.
SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.
The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is
amended--
(1) by redesignating section <<NOTE: 20 USC 9106.>> 207 as
section 208; and
(2) by inserting after section 206 the following:
``SEC. 207. <<NOTE: 20 USC 9105a.>> NATIONAL MUSEUM AND LIBRARY SERVICES
BOARD.
``(a) Establishment.--There is established within the Institute a
board to be known as the `National Museum and Library Services Board'.
``(b) Membership.--
``(1) Number and appointment.--The Museum and Library
Services Board shall be composed of the following:
``(A) The Director.
``(B) The Deputy Director for the Office of Library
Services.
``(C) The Deputy Director for the Office of Museum
Services.
``(D) The Chairman of the National Commission on
Libraries and Information Science.
``(E) Ten <<NOTE: President.>> members appointed by
the President, by and with the advice and consent of the
Senate, from among
[[Page 117 STAT. 994]]
individuals who are citizens of the United States and
who are specially qualified by virtue of their
education, training, or experience in the area of
library services, or their commitment to libraries.
``(F) Ten <<NOTE: President.>> members appointed by
the President, by and with the advice and consent of the
Senate, from among individuals who are citizens of the
United States and who are specially qualified by virtue
of their education, training, or experience in the area
of museum services, or their commitment to museums.
``(2) Special qualifications.--
``(A) Library members.--Of the members of the Museum
and Library Services Board appointed under paragraph
(1)(E)--
``(i) five shall be professional librarians or
information specialists, of whom--
``(I) not less than one shall be
knowledgeable about electronic
information and technical aspects of
library and information services and
sciences; and
``(II) not less than one other shall
be knowledgeable about the library and
information service needs of underserved
communities; and
``(ii) the remainder shall have special
competence in, or knowledge of, the needs for
library and information services in the United
States.
``(B) Museum members.--Of the members of the Museum
and Library Services Board appointed under paragraph
(1)(F)--
``(i) five shall be museum professionals who
are or have been affiliated with--
``(I) resources that, collectively,
are broadly representative of the
curatorial, conservation, educational,
and cultural resources of the United
States; or
``(II) museums that, collectively,
are broadly representative of various
types of museums, including museums
relating to science, history,
technology, art, zoos, botanical
gardens, and museums designed for
children; and
``(ii) the remainder shall be individuals
recognized for their broad knowledge, expertise,
or experience in museums or commitment to museums.
``(3) Geographic and other representation.--Members of the
Museum and Library Services Board shall be appointed to reflect
persons from various geographic regions of the United States.
The Museum and Library Services Board may not include, at any
time, more than three appointive members from a single State. In
making such appointments, the President shall give due regard to
equitable representation of women, minorities, and persons with
disabilities who are involved with museums and libraries.
``(4) Voting.--The Director, the Deputy Director of the
Office of Library Services, the Deputy Director of the Office of
Museum Services, and the Chairman of the National Commission on
Library and Information Science shall be nonvoting members of
the Museum and Library Services Board.
[[Page 117 STAT. 995]]
``(c) Terms.--
``(1) In general.--Except as otherwise provided in this
subsection, each member of the Museum and Library Services Board
appointed under subparagraph (E) or (F) of subsection (b)(1)
shall serve for a term of 5 years.
``(2) Initial board appointments.--
``(A) Treatment of members serving on effective
date.--Notwithstanding subsection (b), each individual
who is a member of the National Museum Services Board on
the date of enactment of the Museum and Library Services
Act of 2003, may, at the individual's election, complete
the balance of the individual's term as a member of the
Museum and Library Services Board.
``(B) First appointments.--Notwithstanding
subsection (b), any appointive vacancy in the initial
membership of the Museum and Library Services Board
existing after the application of subparagraph (A), and
any vacancy in such membership subsequently created by
reason of the expiration of the term of an individual
described in subparagraph (A), shall be filled by the
appointment of a member described in subsection
(b)(1)(E). When the Museum and Library Services Board
consists of an equal number of individuals who are
specially qualified in the area of library services and
individuals who are specially qualified in the area of
museum services, this subparagraph shall cease to be
effective and the board shall be appointed in accordance
with subsection (b).
``(C) Authority to adjust terms.--The terms of the
first members appointed to the Museum and Library
Service Board shall be adjusted by the President as
necessary to ensure that the terms of not more than four
members expire in the same year. Such adjustments shall
be carried out through designation of the adjusted term
at the time of appointment.
``(3) Vacancies.--Any member appointed to fill a vacancy
shall serve for the remainder of the term for which the
predecessor of the member was appointed.
``(4) Reappointment.--No appointive member of the Museum and
Library Services Board who has been a member for more than 7
consecutive years shall be eligible for reappointment.
``(5) Service until successor takes office.--Notwithstanding
any other provision of this subsection, an appointive member of
the Museum and Library Services Board shall serve after the
expiration of the term of the member until the successor to the
member takes office.
``(d) Duties and Powers.--
``(1) In general.--The Museum and Library Services Board
shall advise the Director on general policies with respect to
the duties, powers, and authority of the Institute relating to
museum and library services, including financial assistance
awarded under this title.
``(2) National awards.--The Museum and Library Services
Board shall advise the Director in making awards under section
209.
``(e) Chairperson.--The Director shall serve as Chairperson of the
Museum and Library Services Board.
[[Page 117 STAT. 996]]
``(f) Meetings.--
``(1) In general.--The Museum and Library Services Board
shall meet not less than 2 times each year and at the call of
the Director.
``(2) Vote.--All decisions by the Museum and Library
Services Board with respect to the exercise of its duties and
powers shall be made by a majority vote of the members of the
Board who are present and authorized to vote.
``(g) Quorum.--A majority of the voting members of the Museum and
Library Services Board shall constitute a quorum for the conduct of
business at official meetings, but a lesser number of members may hold
hearings.
``(h) Compensation and Travel Expenses.--
``(1) Compensation.--Each member of the Museum and Library
Services Board who is not an officer or employee of the Federal
Government may be compensated at a rate to be fixed by the
President, but not to exceed the daily equivalent of the maximum
annual rate of pay authorized for a position above grade GS-15
of the General Schedule under section 5108 of title 5, United
States Code, for each day (including travel time) during which
such member is engaged in the performance of the duties of the
Museum and Library Services Board. Members of the Museum and
Libraries Services Board who are full-time officers or employees
of the Federal Government may not receive additional pay,
allowances, or benefits by reason of their service on the Museum
and Library Services Board.
``(2) Travel expenses.--Each member of the Museum and
Library Services Board shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.
``(i) Coordination.--The Director, with the advice of the Museum and
Library Services Board, shall take steps to ensure that the policies and
activities of the Institute are coordinated with other activities of the
Federal Government.''.
SEC. 105. AWARDS; ANALYSIS OF IMPACT OF SERVICES.
The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is
amended by inserting after section 208 (as redesignated by section 104
of this Act) the following:
``SEC. 209. <<NOTE: 20 USC 9107.>> AWARDS.
``The Director, with the advice of the Museum and Library Services
Board, may annually award National Awards for Library Service and
National Awards for Museum Service to outstanding libraries and
outstanding museums, respectively, that have made significant
contributions in service to their communities.
``SEC. 210. <<NOTE: 20 USC 9108.>> ANALYSIS OF IMPACT OF MUSEUM AND
LIBRARY SERVICES.
``From amounts <<NOTE: Publication.>> described in sections 214(c)
and 275(b), the Director shall carry out and publish analyses of the
impact of museum and library services. Such analyses--
``(1) shall be conducted in ongoing consultation with--
``(A) State library administrative agencies;
``(B) State, regional, and national library and
museum organizations; and
``(C) other relevant agencies and organizations;
[[Page 117 STAT. 997]]
``(2) shall identify national needs for, and trends of,
museum and library services provided with funds made available
under subtitles B and C;
``(3) shall report on the impact and effectiveness of
programs conducted with funds made available by the Institute in
addressing such needs; and
``(4) shall identify, and disseminate information on, the
best practices of such programs to the agencies and entities
described in paragraph (1).
``SEC. 210A. <<NOTE: 20 USC 9109.>> PROHIBITION ON USE OF FUNDS FOR
CONSTRUCTION.
``No funds appropriated to carry out the Museum and Library Services
Act, the Library Services and Technology Act, or the Museum Services Act
may be used for construction expenses.''.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
SEC. 201. PURPOSE.
Section 212 of the Library Services and Technology Act (20 U.S.C.
9121) is amended by striking paragraphs (2) through (5) and inserting
the following:
``(2) to promote improvement in library services in all
types of libraries in order to better serve the people of the
United States;
``(3) to facilitate access to resources in all types of
libraries for the purpose of cultivating an educated and
informed citizenry; and
``(4) to encourage resource sharing among all types of
libraries for the purpose of achieving economical and efficient
delivery of library services to the public.''.
SEC. 202. DEFINITIONS.
Section 213 of the Library Services and Technology Act (20 U.S.C.
9122) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (1), (2), (3), (4), and (5), respectively.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 214 of the Library Services and Technology Act (20 U.S.C.
9123) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle $232,000,000 for fiscal year 2004 and such sums as may
be necessary for fiscal years 2005 through 2009.''; and
(2) in subsection (c), by striking ``3 percent'' and
inserting ``3.5 percent''.
SEC. 204. RESERVATIONS AND ALLOTMENTS.
Section 221(b)(3) of the Library Services and Technology Act (20
U.S.C. 9131(b)(3)) is amended to read as follows:
``(3) Minimum allotments.--
``(A) In general.--For purposes of this subsection,
the minimum allotment for each State shall be $340,000,
except that the minimum allotment shall be $40,000 in
the case
[[Page 117 STAT. 998]]
of the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands,
the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau.
``(B) Ratable reductions.--Notwithstanding
subparagraph (A), if the sum appropriated under the
authority of section 214 and not reserved under
subsection (a) for any fiscal year is insufficient to
fully satisfy the requirement of subparagraph (A), each
of the minimum allotments under such subparagraph shall
be reduced ratably.
``(C) Exception.--
``(i) In general.--Notwithstanding
subparagraph (A), if the sum appropriated under
the authority of section 214 and not reserved
under subsection (a) for any fiscal year exceeds
the aggregate of the allotments for all States
under this subsection for fiscal year 2003--
``(I) the minimum allotment for each
State otherwise receiving a minimum
allotment of $340,000 under subparagraph
(A) shall be increased to $680,000; and
``(II) the minimum allotment for
each State otherwise receiving a minimum
allotment of $40,000 under subparagraph
(A) shall be increased to $60,000.
``(ii) Insufficient funds to award alternative
minimum.--If the sum appropriated under the
authority of section 214 and not reserved under
subsection (a) for any fiscal year exceeds the
aggregate of the allotments for all States under
this subsection for fiscal year 2003 yet is
insufficient to fully satisfy the requirement of
clause (i), such excess amount shall first be
allotted among the States described in clause
(i)(I) so as to increase equally the minimum
allotment for each such State above $340,000.
After the requirement of clause (i)(I) is fully
satisfied for any fiscal year, any remainder of
such excess amount shall be allotted among the
States described in clause (i)(II) so as to
increase equally the minimum allotment for each
such State above $40,000.
``(D) Special rule.--
``(i) In general.--Notwithstanding any other
provision of this subsection and using funds
allotted for the Republic of the Marshall Islands,
the Federated States of Micronesia, and the
Republic of Palau under this subsection, the
Director shall award grants to the United States
Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated
States of Micronesia, or the Republic of Palau to
carry out activities described in this subtitle in
accordance with the provisions of this subtitle
that the Director determines are not inconsistent
with this subparagraph.
``(ii) Award basis.--
The <<NOTE: Grants.>> Director shall award grants
pursuant to clause (i) on a competitive basis
[[Page 117 STAT. 999]]
and after taking into consideration available
recommendations from the Pacific Region
Educational Laboratory in Honolulu, Hawaii.
``(iii) Administrative costs.--The Director
may provide not more than 5 percent of the funds
made available for grants under this subparagraph
to pay the administrative costs of the Pacific
Region Educational Laboratory regarding activities
assisted under this subparagraph.''.
SEC. 205. STATE PLANS.
Section 224 of the Library Services and Technology Act (20 U.S.C.
9134) is amended--
(1) in subsection (a)(1), by striking ``not later than April
1, 1997.'' and inserting ``once every 5 years, as determined by
the Director.''; and
(2) in subsection (f)--
(A) by striking ``this Act'' each place such term
appears and inserting ``this subtitle'';
(B) in paragraph (1)--
(i) by striking ``section 213(2)(A) or (B)''
and inserting ``section 213(1)(A) or (B)''; and
(ii) by striking ``1934,'' and all that
follows through ``Act, may'' and inserting ``1934
(47 U.S.C. 254(h)(6)) may''; and
(C) in paragraph (7)--
(i) in the matter preceding subparagraph (A),
by striking ``section:'' and inserting
``subsection:''; and
(ii) in subparagraph (D), by striking
``given'' and inserting ``applicable to''.
SEC. 206. GRANTS TO STATES.
Section 231 of the Library Services and Technology Act (20 U.S.C.
9141) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) expanding services for learning and access to
information and educational resources in a variety of formats,
in all types of libraries, for individuals of all ages;
``(2) developing library services that provide all users
access to information through local, State, regional, national,
and international electronic networks;
``(3) providing electronic and other linkages among and
between all types of libraries;
``(4) developing public and private partnerships with other
agencies and community-based organizations;
``(5) targeting library services to individuals of diverse
geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to individuals with limited
functional literacy or information skills; and
``(6) targeting library and information services to persons
having difficulty using a library and to underserved urban and
rural communities, including children (from birth through age
17) from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.''; and
[[Page 117 STAT. 1000]]
(2) in subsection (b), by striking ``between the two
purposes described in paragraphs (1) and (2) of such
subsection,'' and inserting ``among such purposes,''.
SEC. 207. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR COOPERATIVE
AGREEMENTS.
Section 262(a)(1) of the Library Services and Technology Act (20
U.S.C. 9162(a)(1)) is amended by striking ``education and training'' and
inserting ``education, recruitment, and training''.
TITLE III--MUSEUM SERVICES
SEC. 301. PURPOSE.
Section 271 of the Museum and Library Services Act (20 U.S.C. 9171)
is amended to read as follows:
``SEC. 271. PURPOSE.
``It is the purpose of this subtitle--
``(1) to encourage and support museums in carrying out their
public service role of connecting the whole of society to the
cultural, artistic, historical, natural, and scientific
understandings that constitute our heritage;
``(2) to encourage and support museums in carrying out their
educational role, as core providers of learning and in
conjunction with schools, families, and communities;
``(3) to encourage leadership, innovation, and applications
of the most current technologies and practices to enhance museum
services;
``(4) to assist, encourage, and support museums in carrying
out their stewardship responsibilities to achieve the highest
standards in conservation and care of the cultural, historic,
natural, and scientific heritage of the United States to benefit
future generations;
``(5) to assist, encourage, and support museums in achieving
the highest standards of management and service to the public,
and to ease the financial burden borne by museums as a result of
their increasing use by the public; and
``(6) to support resource sharing and partnerships among
museums, libraries, schools, and other community
organizations.''.
SEC. 302. DEFINITIONS.
Section 272(1) of the Museum and Library Services Act (20 U.S.C.
9172(1)) is amended by adding at the end the following: ``Such term
includes aquariums, arboretums, botanical gardens, art museums,
children's museums, general museums, historic houses and sites, history
museums, nature centers, natural history and anthropology museums,
planetariums, science and technology centers, specialized museums, and
zoological parks.''.
SEC. 303. MUSEUM SERVICES ACTIVITIES.
Section 273 of the Museum and Library Services Act (20 U.S.C. 9173)
is amended to read as follows:
[[Page 117 STAT. 1001]]
``SEC. 273. MUSEUM SERVICES ACTIVITIES.
``(a) In General.--The Director, subject to the policy advice of the
Museum and Library Services Board, may enter into arrangements,
including grants, contracts, cooperative agreements, and other forms of
assistance, with museums and other entities as the Director considers
appropriate, to pay the Federal share of the cost of--
``(1) supporting museums in providing learning and access to
collections, information, and educational resources in a variety
of formats (including exhibitions, programs, publications, and
websites) for individuals of all ages;
``(2) supporting museums in building learning partnerships
with the Nation's schools and developing museum resources and
programs in support of State and local school curricula;
``(3) supporting museums in assessing, conserving,
researching, maintaining, and exhibiting their collections, and
in providing educational programs to the public through the use
of their collections;
``(4) stimulating greater collaboration among museums,
libraries, schools, and other community organizations in order
to share resources and strengthen communities;
``(5) encouraging the use of new technologies and broadcast
media to enhance access to museum collections, programs, and
services;
``(6) supporting museums in providing services to people of
diverse geographic, cultural, and socioeconomic backgrounds and
to individuals with disabilities;
``(7) supporting museums in developing and carrying out
specialized programs for specific segments of the public, such
as programs for urban neighborhoods, rural areas, Indian
reservations, and State institutions;
``(8) supporting professional development and technical
assistance programs to enhance museum operations at all levels,
in order to ensure the highest standards in all aspects of
museum operations;
``(9) supporting museums in research, program evaluation,
and the collection and dissemination of information to museum
professionals and the public; and
``(10) encouraging, supporting, and disseminating model
programs of museum and library collaboration.
``(b) Federal Share.--
``(1) 50 percent.--Except as provided in paragraph (2), the
Federal share described in subsection (a) shall be not more than
50 percent.
``(2) Greater than 50 percent.--The Director may use not
more than 20 percent of the funds made available under this
subtitle for a fiscal year to enter into arrangements under
subsection (a) for which the Federal share may be greater than
50 percent.
``(3) Operational expenses.--No funds for operational
expenses may be provided under this section to any entity that
is not a museum.
``(c) Review and Evaluation.--
``(1) In general.--The <<NOTE: Procedures.>> Director shall
establish procedures for reviewing and evaluating arrangements
described in subsection (a) entered into under this subtitle.
``(2) Applications for technical assistance.--
[[Page 117 STAT. 1002]]
``(A) In general.--The Director may use not more
than 10 percent of the funds appropriated to carry out
this subtitle for technical assistance awards.
``(B) Individual museums.--Individual museums may
receive not more than 3 technical assistance awards
under subparagraph (A), but subsequent awards for
technical assistance shall be subject to review outside
the Institute.
``(d) Services for Native Americans.--From amounts appropriated
under section 275, the Director shall reserve 1.75 percent to award
grants to, or enter into contracts or cooperative agreements with,
Indian tribes and organizations that primarily serve and represent
Native Hawaiians (as defined in section 7207 of the Native Hawaiian
Education Act (20 U.S.C. 7517)), to enable such tribes and organizations
to carry out the activities described in subsection (a).''.
SEC. 304. REPEALS.
Sections 274 and 275 of the Museum and Library Services Act (20
U.S.C. 9174 and 9175) are repealed.
SEC. 305. AUTHORIZATION OF APPROPRIATIONS.
Section 276 of the Museum and Library Services Act (20 U.S.C. 9176)
is amended--
(1) in subsection (a), by striking ``$28,700,000 for the
fiscal year 1997, and such sums as may be necessary for each of
the fiscal years 1998 through 2002.'' and inserting
``$38,600,000 for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005 through 2009.''; and
(2) by redesignating such section as section 275 of such
Act.
SEC. 306. SHORT TITLE.
Subtitle C of the Museum and Library Services Act (20 U.S.C. 9171 et
seq.) is amended--
(1) by redesignating sections <<NOTE: 20 USC 9171-
9173.>> 271, 272, and 273 as sections 272, 273, and 274,
respectively; and
(2) by inserting after the subtitle heading the following:
``SEC. 271. <<NOTE: Popular name. 20 USC 9101 note.>> SHORT TITLE.
``This subtitle may be cited as the `Museum Services Act'.''.
TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT
SEC. 401. AMENDMENT TO CONTRIBUTIONS.
Section 4 of the National Commission on Libraries and Information
Science Act (20 U.S.C. 1503) is amended by striking ``accept, hold,
administer, and utilize gifts, bequests, and devises of property,'' and
inserting ``solicit, accept, hold, administer, invest in the name of the
United States, and utilize gifts, bequests, and devises of services or
property,''.
SEC. 402. AMENDMENT TO MEMBERSHIP.
Section 6(a) of the National Commission on Libraries and Information
Science Act (20 U.S.C. 1505(a)) is amended--
[[Page 117 STAT. 1003]]
(1) in the second sentence, by striking ``and at least one
other of whom shall be knowledgeable with respect to the library
and information service and science needs of the elderly'';
(2) by striking the fourth sentence and inserting the
following: ``A majority of members of the Commission who have
taken office and are serving on the Commission shall constitute
a quorum for conduct of business at official meetings of the
Commission''; and
(3) in the fifth sentence, by striking ``five years, except
that'' and all that follows through the period and inserting
``five years, except that--
``(1) a member of the Commission appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed, shall be appointed only for
the remainder of such term; and
``(2) any member of the Commission may continue to serve
after an expiration of the member's term of office until such
member's successor is appointed, has taken office, and is
serving on the Commission.''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. AMENDMENTS TO ARTS AND ARTIFACTS INDEMNITY ACT.
Section 5 of the Arts and Artifacts Indemnity Act (20 U.S.C. 974) is
amended--
(1) in subsection (b), by striking ``$5,000,000,000'' and
inserting ``$8,000,000,000'';
(2) in subsection (c), by striking ``$500,000,000'' and
inserting ``$600,000,000''; and
(3) in subsection (d)--
(A) in paragraph (6), by striking ``or'' after the
semicolon; and
(B) by striking paragraph (7) and inserting the
following:
``(7) not less than $400,000,000 but less than $500,000,000,
then coverage under this chapter shall extend only to loss or
damage in excess of the first $400,000 of loss or damage to
items covered; or
``(8) $500,000,000 or more, then coverage under this chapter
shall extend only to loss or damage in excess of the first
$500,000 of loss or damage to items covered.''.
SEC. 502. <<NOTE: Washington, D.C. 20 USC 956a note.>> NATIONAL
CHILDREN'S MUSEUM.
(a) Designation.--The Capital Children's Museum located at 800 Third
Street, NE, Washington, D.C. (or any successor location), organized
under the laws of the District of Columbia, is designated as the
``National Children's Museum''.
(b) References.--Any <<NOTE: 20 USC 956a.>> reference in a law, map,
regulation, document, paper, or other record of the United States to the
Capital Children's Museum referred to in subsection (a) shall be deemed
to be a reference to the ``National Children's Museum''.
SEC. 503. CONFORMING AMENDMENT.
Section 170(e)(6)(B)(i)(III) <<NOTE: 26 USC 170.>> of the Internal
Revenue Code of 1986 (relating to the special rule for contributions of
computer technology and equipment for educational purposes) is amended
by striking
[[Page 117 STAT. 1004]]
``section 213(2)(A) of the Library Services and Technology Act (20
U.S.C. 9122(2)(A)'' and inserting ``section 213(1)(A) of the Library
Services and Technology Act (20 U.S.C. 9122(1)(A))''.
SEC. 504. TECHNICAL CORRECTIONS.
(a) Title Heading.--The title heading for the Museum and Library
Services Act (20 U.S.C. 9101 et seq.) is amended to read as follows:
``TITLE II--MUSEUM AND LIBRARY SERVICES''.
(b) Subtitle A Heading.--The subtitle heading for subtitle A of the
Museum and Library Services Act (20 U.S.C. 9101 et seq.) is amended to
read as follows:
``Subtitle A--General Provisions''.
(c) Subtitle B Heading.--The subtitle heading for subtitle B of the
Museum and Library Services Act (20 U.S.C. 9121 et seq.) is amended to
read as follows:
``Subtitle B--Library Services and Technology''.
(d) Subtitle C Heading.--The subtitle heading for subtitle C of the
Museum and Library Services Act (20 U.S.C. 9171 et seq.) is amended to
read as follows:
``Subtitle C--Museum Services''.
(e) Contributions.--Section 208 of the Museum and Library Services
Act (20 U.S.C. 9106) (as redesignated by section 104 of this Act) is
amended by striking ``property of services'' and inserting ``property or
services''.
(f) State Plan Contents.--Section 224(b)(5) of the Library Services
and Technology Act (20 U.S.C. 9134(b)(5)) is amended by striking ``and''
at the end.
(g) National Leadership Grants, Contracts, or Cooperative
Agreements.--Section 262(b)(1) of the Library Services and Technology
Act (20 U.S.C. 9162(b)(1)) is amended by striking ``cooperative
agreements, with,'' and inserting ``cooperative agreements with,''.
SEC. 505. REPEALS.
(a) National Commission on Libraries and Information Science Act.--
Section 5 of the National Commission on Libraries and Information
Science Act (20 U.S.C. 1504) is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(b) Museum and Library Services Act of 1996.--Sections 704 through
707 of the Museum and Library Services Act of 1996 (20 U.S.C. 9102 note,
9103 note, and 9105 note) are repealed.
[[Page 117 STAT. 1005]]
SEC. 506. <<NOTE: 20 USC 9101 note.>> EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act, except that the amendments made by sections 203,
204, and 305 of this Act shall take effect on October 1, 2003.
Approved September 25, 2003.
LEGISLATIVE HISTORY--H.R. 13 (S. 888):
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HOUSE REPORTS: No. 108-16 (Comm. on Education and the Workforce).
SENATE REPORTS: No. 108-83 accompanying S. 888 (Comm. on Health,
Education, Labor, and Pensions).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Mar. 6, considered and passed House.
Aug. 1, considered and passed Senate, amended, in lieu of S.
888.
Sept. 16, House concurred in Senate amendment.
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