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

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

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

Be it enacted by the Senate and House of Representatives 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 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(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 ensure that activities under subtitle B are coordinated with activities under section 1251 of the Elementary and Secondary 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 Museum 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 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 in the area of library services by virtue of their education, training, or experience.

`(E) 10 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 in the area of museum services by virtue of their education, training, or experience.

`(2) SPECIAL QUALIFICATIONS-

`(A) LIBRARY MEMBERS- Of the members 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 knowledgeable 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 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)(E)--

`(i) 5 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 3 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, 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 Museum 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 vacancy 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 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 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 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 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. 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. 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 organizations;

`(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).'.

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. 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 follows:

`(a) IN GENERAL- There are authorized to be appropriated 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 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 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 2002, the minimum allotment 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 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 clause (i), the excess amount referred to in such clause shall be allotted among the States otherwise 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 Marshall Islands, the Federated States of Micronesia, and the Republic of Palau under this paragraph, the Director may coordinate with the Pacific Region Educational Laboratory in Honolulu, Hawaii, to provide technical assistance, 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 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. 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, 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

(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. 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 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:

`SEC. 273. MUSEUM SERVICES ACTIVITIES.

`(a) IN GENERAL- The Director, subject to the policy 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 appropriate, to pay for the Federal share of the cost--

`(1) to support 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) to support 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) to support 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) 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 socioeconomic backgrounds and to individuals with disabilities;

`(7) to support 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) to support 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) 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 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- The Director shall establish procedures for reviewing and evaluating arrangements 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 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)--

(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 CORRECTIONS; REPEALS; EFFECTIVE DATE

SEC. 401. 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 Museum and Library Services Act (20 U.S.C. 9162(b)(1)) is amended by striking `cooperative agreements, with,' and inserting `cooperative agreements with,'.

SEC. 402. 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 by striking subsections (b) and (c) and 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.

SEC. 403. EFFECTIVE DATE.

The amendments made by this Act shall take effect on October 1, 2002.

END