(Sec. 103) Requires the IMLS Director to ensure coordination with certain activities under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (Public Law 107-110), and other Federal activities.
(Sec. 105) Revises and consolidates requirements for annual national awards to outstanding libraries and museums that have made significant contributions in service to their communities.
Requires the IMLS Director to conduct and publish analyses of the impact of museum and library services.
Title II: Library Services and Technology - Amends the Library Services and Technology Act (LSTA) to extend the authorization of appropriations for LSTA programs.
(Sec. 202) Increases the portion of such funds which may be used for administrative costs.
(Sec. 203) Increases an alternative minimum allotment to States under certain conditions.
(Sec. 204) Requires State plans once every five years, as determined by the IMLS Director.
(Sec. 205) Sets forth additional uses of grants to States for library programs.
(Sec. 206) Provides for recruitment of library and information science personnel under the program of national leadership grants, contracts, and cooperative agreements.
Title III: Museum Services - Amends MLSA to include aquariums, arboretums, historic houses and sites, science and technology centers, zoological parks, and other specified entities under the term museum.
(Sec. 303) Revises authorized museum services activities.
(Sec. 304) Repeals MLSA provisions relating to a separate museum awards program and the National Museum Services Board.
(Sec. 305) Extends the authorization of appropriations for MLSA programs.
Title IV: Technical Corrections; Repeals; Effective Date - Repeals requirements under the National Commission on Libraries and Information Science Act relating to Commission responsibilities to: (1) advise the IMLS Director; and (2) meet with the National Museum Services Board, which is eliminated by this Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3784 Introduced in House (IH)]
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 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E201)
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Select Education.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 107-395.
Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 107-395.
Placed on the Union Calendar, Calendar No. 235.
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