[House Report 108-16]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-16
======================================================================
MUSEUM AND LIBRARY SERVICES ACT OF 2003
_______
February 25, 2003.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Boehner, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
[To accompany H.R. 13]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 13) to reauthorize the Museum and
Library Services Act, and for other purposes, having considered
the same, report favorably thereon without amendment and
recommend that the bill do pass.
Purpose
H.R. 13, the Museum and Library Services Act of 2003,
authorizes federal assistance to museums and libraries through
fiscal year 2009. H.R. 13 maintains the modest but essential
federal support for museums and libraries across the country;
authorizes funds for the one federal agency--the Institute of
Museum and Library Services--devoted exclusively to museums and
libraries, which are natural partners with our nation's
schools; and encourages model cooperation between museums and
libraries. The Institute of Museum and Library Services and the
Committee on Education and the Workforce note that funds
allocated under the Museum and Library Services Act are not
authorized for construction of facilities. Instead, the intent
of authorized funds is to increase access to--and cooperation
among--our nation's museums and libraries. Last Congress, the
Committee on Education and the Workforce reported H.R. 3784,
the Museum and Library Services Act of 2002. However, H.R. 3784
was not scheduled for Floor consideration. H.R. 13 is a similar
bill and a bipartisan attempt to reauthorize the Museum and
Library Services Act.
Committee Action
107th Congress
Subcommittee hearing
On Thursday, February 14, 2002, the Subcommittee on Select
Education held a hearing in Washington, D.C. on ``Equipping
Museums and Libraries for the 21st Century.'' The purpose of
the hearing was to learn about activities and initiatives
currently funded under the Museum and Library Services Act and
to discuss issues related to its reauthorization.
Legislative action
On February 26, 2002, Representatives Peter Hoekstra (R-MI)
and Tim Roemer (D-IN) introduced H.R. 3784, the Museum and
Library Services Act of 2002, a bipartisan bill to reauthorize
the Museum and Library Services Act through fiscal year 2008.
On March 6, 2002, the Subcommittee on Select Education
considered H.R. 3784 in legislative session and reported it
favorably, without amendment, to the Committee on Education and
the Workforce by voice vote.
On March 20, 2002, the Committee on Education and the
Workforce considered H.R. 3784 in legislative session and
reported it favorably, as amended, to the House of
Representatives by voice vote. The Committee considered two
amendments:
The Committee adopted, by voice vote, a bipartisan
substitute amendment offered by Representatives Peter Hoekstra
(R-MI) and Tim Roemer (D-IN). The substitute amendment was
drafted with input from the Institute of Museum and Library
Services, the American Library Association, the Chief Officers
of State Library Agencies, and the American Association of
Museums. Specifically, the amendment: (1) authorizes a total of
$350 million for the Museum and Library Services Act, with $300
million for library services and $50 million for museum
services; (2) increases the minimum allotment for the United
States Virgin Islands, Guam, and 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 to $60,000 as long as each State receives
its new minimum allotment of $500,000; and (3) makes technical
and typographical changes to the legislation.
The Committee rejected, by voice vote, an
amendment offered by Representative Major Owens (D-NY) to add
language to H.R. 3784 to require that the National Commission
on Libraries and Information Science advise the Institute of
Museum and Library Services Director on library programs.
108TH CONGRESS
The Committee on Education and the Workforce did not hold
hearings on the Museum and Library Services Act during the
108th Congress.
Legislative action
On January 7, 2003, Representative Peter Hoekstra (R-MI)
introduced H.R. 13, the Museum and Library Services Act of
2003, a bipartisan bill to reauthorize the Museum and Library
Services Act through fiscal year 2009.
On February 13, 2003, the Committee on Education and the
Workforce considered H.R. 13 in legislative session and
reported it favorably, without amendment, to the House of
Representatives by voice vote.
Summary
TITLE I--GENERAL PROVISIONS
H.R. 13, the Museum and Library Services Act of 2003
authorizes the federal library and museums programs under the
Institute of Museum and Library Services. Specifically, this
title: requires the Institute of Museum and Library Services
Director to establish procedural standards for making grants
available to museums and libraries (ensuring that the criteria
are consistent with the statutory purposes of the Act);
prohibits projects that are determined to be obscene from
receiving funding; ensures that library activities are
coordinated with activities under P.L. 107-110, the No Child
Left Behind Act of 2001; consolidates museum and library
advisory board activities under a single statute; authorizes
the Institute of Museum and Library Services Director to issue
National Awards for Library Service and National Awards for
Museum Service; and ensures that administrative funds are also
used to conduct annual analyses of the impact of museum and
library services.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
The purposes of this title are to: (1) consolidate federal
library service programs; (2) promote improvement in library
services in all types of libraries to better serve the people
of the United States; (3) facilitate access to resources in all
types of libraries toward an educated and informed citizenry;
and (4) encourage resource sharing among all types of libraries
toward economic and efficient delivery of library services to
the public.
Under this title, 3.75 percent of funds are reserved for
national leadership competitive grants; 1.75 percent of funds
are reserved for library services for Native Americans; up to
3.5 percent of funds for federal administration; and the
remainder of funds are allotted by formula to States via State
Library Agencies.
H.R. 13 increases the minimum State allotment for library
programs to $680,000 and also ensures that no State's allotment
falls below its FY 2003 level. If funding were insufficient to
raise the minimum State allotment to $680,000, and, at the same
time, hold all States harmless so they do not lose funds from
their FY 2003 level, then the minimum State allotment is set at
$340,000 (current law minimum State allotment). Additional
funding would be distributed equally among the States until the
minimum amount of $680,000 per State is reached and any funding
above the State minimum of $680,000 would be awarded to States
based on population (as under current law). H.R. 13 also
increases the minimum allotment for 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 to
$60,000 as long as each State receives its new minimum
allotment of $680,000.
State grants under this title can be used for: (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
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 people of diverse geographic, cultural, and
socioeconomic backgrounds, to individuals with disabilities,
and to people 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 families
with incomes below the poverty level.
This title authorizes 3.75 percent of funds for national
leadership grant to enhance the quality of library services
nationwide and to provide coordination between libraries and
museums. These competitive grants are used for activities that
include: (1) education, recruitment, and training of persons in
library and information science; (2) research and demonstration
projects related to the improvement of libraries, education in
library and information science, enhancement of library
services through effective and efficient use of new
technologies, and dissemination of information derived from
such projects; (3) preservation or digitization of library
materials and resources; and (4) model programs demonstrating
cooperative efforts between libraries and museums.
The Library Services and Technology title is authorized at
$210 million for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005 through 2009.
TITLE III--MUSEUM SERVICES
The purposes of this title are to: (1) 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) encourage and support museums in
carrying out their educational role; (3) encourage leadership,
innovation and applications of the most current technologies
and practices to enhance museum services; (4) 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; (5) assist,
encourage, and support museums in achieving the highest
standards of management and service to the public; and (6)
support resource sharing and partnerships among museums,
libraries, schools, and other community organizations.
H.R. 13 authorizes the Institute of Museum and Library
Services Director, subject to the policy direction of the
expanded Museum and Library Services Board, to enter into
arrangements, including grants, contracts, cooperative
agreements, and other forms of assistance to museums and to
other entities to pay for the federal share of the cost to
support activities, that among other things: (1) support
museums in providing learning and access to collections,
information, and educational resources in a variety of formats;
(2) support museums in building learning partnerships with the
nation's schools; (3) support museums in assessing, conserving,
researching, maintaining, and exhibiting their collections; (4)
stimulate greater collaboration among museums, libraries,
schools, and other community organizations; and (5) encourage,
support, and disseminate model programs of museum and library
collaboration.
The Museum Services title is authorized at $35 million for
fiscal year 2004 and such sums as may be necessary for fiscal
years 2005 through 2009.
TITLE IV--TECHNICAL CORRECTIONS; REPEALS; AND EFFECTIVE DATE
This title makes technical corrections to the Museum and
Library Services Act; consolidates museum and library advisory
board activities within the Institute of Museum and Library
Services; and states that the amendments made by this Act shall
take effect on the date of enactment except that sections 203,
204, and 305 shall take effect on October 1, 2003.
Committee Views
Museums and libraries have become a fundamental part of our
society. Attendance at American museums is now at more than 865
million visits per year and today's 21st century library is not
just a provider of books; instead, the typical American library
coordinates a complete and comprehensive approach to community
development and services.
Museums play a vital role in the education of people of all
ages and most American museums provide K-12 educational
programming. Museums are an important source of cultural and
historical knowledge for people, as they learn about the
history and traditions of our country and our shared identity
as Americans. Museums also serve as places where people of
different backgrounds, economic levels, and home locations come
together and not only share the experience of viewing their
community's artifacts and natural objects, but also discuss
community issues.
Throughout our nation, libraries are at the forefront of
reading and family literacy programs. Libraries serve as
essential links to the business community, assisting with job
creation, training programs, and business development
initiatives. They are also critical to many people with
disabilities, providing them with specialized materials and
resources that are obtainable in a single location. For older
Americans, libraries provide a place to interact with others,
use the Internet, and receive services. For economically
disadvantaged persons, or persons living in underserved and
rural communities, libraries are the greater equalizer,
providing access to books and reference materials, computer
services, and community-based services that might not otherwise
be available.
H.R. 13, the Museum and Library Services Act of 2003 has
the support of the Institute of Museum and Library Services,
the American Library Association, the Chief Officers of State
Library Agencies, and the American Association of Museums. In
particular, the American Association of Museums sent a letter
to the Committee on Education and the Workforce on February 6,
2003 to offer its strong support of the bill. In the letter,
Edward H. Able, Jr., the President and Chief Executive Officer
of the Association, wrote:
I commend the members of the committee for their
bipartisan efforts to craft a bill that reaffirms
federal support for the public service responsibilities
of America's museums, particularly with regard to K
through 12 [education] * * * This legislation also
provides great flexibility to address current and
future challenges, such as the use of new technologies
and broadcast media to enhance public access to museum
collections, programs and services.
In addition, the American Library Association noted in a letter
sent to the Committee on Education and the Workforce on
February 13, 2003 that it ``applauds the Committee's efforts
over the past 2 years to craft a forward thinking, bi-partisan
bill that unites the entire library community.''
H.R. 13 continues the main objectives of the Museum and
Library Services Act of 1996 and makes several modifications to
current law to streamline and strengthen museum and library
services across the country.
TITLE I--GENERAL PROVISIONS
Coordination
Under current law, the Institute of Museum and Library
Services Director must ensure coordination of the policies and
activities of the Institute with the policies and activities of
other agencies and offices of the federal government having
interest in and responsibilities for the improvement of museums
and libraries.
H.R. 13 requires the Institute of Museum and Library
Services Director, where appropriate, to ensure that library
activities are also coordinated with activities under section
1251 (Improving Literacy Through School Libraries) of P.L. 107-
110, the No Child Left Behind Act of 2001. School libraries are
eligible for support under the Museum and Library Services Act
and through the Department of Education's Improving Literacy
Through School Libraries. The Committee believes this
requirement for coordination will help ensure a consistent
approach to federal support for school library services.
Review and evaluation of applications
Under current law, there are no provisions regarding the
review and evaluation of applications for assistance under the
Museum and Library Services Act.
H.R. 13 amends the Museum and Library Services Act by
incorporating procedural standards for making grants available
to museums and libraries. Under the new provisions, an
application must be submitted in accordance with regulations or
procedures established by the Director of the Institute of
Museum and Library Services. In establishing these rules, the
Director must ensure that the criteria by which the
applications are considered are consistent with the purposes of
the Museum and Library Services Act and take into consideration
general standards of decency and respect for the diverse
beliefs and values of the American public. In addition, H.R. 13
prohibits projects that are determined to be obscene from
receiving funding from the Institute of Museum and Library
Services. The Committee notes that awards made by the National
Endowment for the Arts are subject to similar standards (20
U.S.C. Sec. 954(d)).
Museum and Library Services Board
Advice on museum services is provided by the National
Museum Services Board, an advisory board authorized within the
Museum and Library Services Act. In 1996, the Museum and
Library Services Act continued the National Museum Services
Board and also put in place an advisory role for library
services outside the agency. The National Commission on
Libraries and Information Science was established under a
separate statute in 1970 (P.L. 91-345). In 1996, the National
Commission on Libraries and Information Sciences Act was
amended to add authority for the National Commission to advise
the Institute of Museum and Library Services Director on
library programs.
The Museum and Library Services Act of 2003 eliminates
additional advisory duties assigned to the National Commission
on Libraries and Information Science found in current law of
the Museum and Library Services Act and consolidates those
``advisory board responsibilities'' under the existing Museum
Services Board that will expand to include library services.
H.R. 13 does not repeal, nor does the Committee intend to
eliminate the National Commission on Libraries and Information
Science because it has been established under a separate
statute and is not within the scope of the Museum and Library
Services Act of 2003. The purpose of this change is to
consolidate museum and library board activities under a single
statute. The Museum and Library Services Board would include
the Institute of Museum and Library Services Director, the two
Institute of Museum and Library Services Deputy Directors, and
twenty members (ten from the museum community and ten from the
library community) appointed by the President, by and with the
advice and consent of the Senate.
The Committee notes that the American Library Association
and the Chief Officers of State Library Agencies support H.R.
13 as reported by the Committee on Education and the Workforce.
In addition, the Institute of Museum and Library Services
supports this change to the law--which was also included in
H.R. 3784, the Museum and Library Services Act of 2002--as
described in a letter sent to the Committee on Education and
the Workforce on March 19, 2002. Specifically, the letter
noted:
IMLS needs an advisory board that can focus on the
entirety of the activities of the agency. Federal
grantmaking is complex and IMLS strives to develop
board expertise so that the board can provide advice
that best serves the American taxpayer and the
interests of the library and museum communities.
Developing board expertise for two separate entities is
redundant and time consuming. A board that exists for
the sole purpose of advising the agency is needed to
develop an advisory process that is most useful and
effective.
It is inordinately complex and awkward to have one
federal agency advising another on federal grantmaking.
Prior to the establishment of the IMLS in 1996, the
National Commission on Libraries and Information
Science had existed for 25 years with its own
freestanding authorization and mission. The National
Museum Services Board existed within the Museum
Services Act for the sole purpose of advising the
agency. The Museum and Library Services Act of 1996
maintained the National Museum Services Board and
amended the NCLIS statute to add advising IMLS to its
existing responsibilities. The board envisioned by H.R.
3784 would consolidate advisory functions under one
statute, the Museum and Library Services Act. It would
not change NCLIS' authority and responsibility as they
existed for 25 years prior to 1996.
National Awards for Museum and Library Service
Under current law, the Institute of Museum and Library
Services Director is authorized to annually award a National
Award for Museum Service to outstanding museums that have made
significant contributions in service to their communities.
H.R. 13 broadens the language in current law that allows
the Institute of Museum and Library Services Director to award
National Awards for Museum Service to also allow the Director
to make similar awards for library service. This change makes
the treatment of the award consistent for both libraries and
museums. The awards program is an important way to highlight
the vital roles that libraries and museums play in communities
across the country.
Analyses of impact of Museum and Library Services
Under current law, there are no provisions regarding any
analysis of the impact of museum and library services.
H.R. 13 ensures that administrative funds are also used to
conduct annual analyses of the impact of museum and library
services. Specifically, it authorizes the Institute of Museum
and Library Services, in consultation with State, regional and
national museum and library service agencies and service
organizations, to conduct ongoing analysis of services being
provided under the Act to identify needs for, and trends of,
public museum and library services. These analyses will:
Be conducted in ongoing consultation with
State library administrative agencies, State, regional,
and national museums, and other relevant agencies and
organizations;
Identify national needs and trends of
services provided under museum and library programs;
Report on the impact and effectiveness of
the Institute funded programs in addressing those
national needs; and
Identify and disseminate best practices of
funded programs to State library administrative
agencies, State, regional, and national museum
organizations, and other relevant agencies and
organizations.
The Committee believes that regular analyses of the impact
and effectiveness of Institute of Museum and Library Services
programs are necessary to ensure good management and to share
best practices. The Committee also understands that it has a
responsibility to ensure that taxpayer money is best spent
appropriately on effective programs that support and enhance
the public service missions of America's museums and libraries.
Analyses of the impact of museum and library programs will help
the Institute of Museum and Library Services make informed and
responsible program decisions based on concrete, current, and
reliable data.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Administration
Under current law, not more than 3 percent of funds may be
used to pay for federal administrative costs for carrying out
programs authorized under this title.
The Museum and Library Services Act of 2003 allows not more
than 3.5 percent of funds for federal administrative costs. The
Committee intends that the increase in funds of federal
administrative be used to conduct the annual analyses of the
impact of museum and library services.
Minimum state allotment
Under current law, the minimum allotment for each State
(which includes the District of Columbia and the Commonwealth
of Puerto Rico) is $340,000, with the exception of outlying
areas (Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, and Palau), which receives $40,000 as a minimum
allotment. The remainder of funds above the minimum State
allotment is awarded to States based on population.
H.R. 13 increases the minimum State allotment to $680,000
and also ensures that no State's allotment falls below its FY
2003 level. If funding were insufficient to raise the minimum
State allotment to $680,000, and, at the same time, hold all
States harmless so they do not lose funds from their FY 2003
level, then the minimum State allotment is set at $340,000
(current law minimum State allotment). Additional funding would
be distributed equally among the States until the minimum
amount of $680,000 per State is reached and any funding above
the State minimum of $680,000 would be awarded to States based
on population (as under current law). H.R. 13 also increase the
minimum allotment for outlying areas to $60,000 as long as each
State receives its new minimum allotment of $680,000.
The Institute of Museum and Library Services supports these
changes--which were also included in H.R. 3784, the Museum and
Library Services Act of 2002--as described in a letter sent to
the Committee on Education and the Workforce on March 19, 2002.
Specifically, the letter noted:
The Institute notes that minimum allotment for the
States has not increased since 1971. The change
required by H.R. 3784 includes ``hold harmless''
language that assures that no State would experience a
reduction in the allocation below the fiscal year 2002
level to accommodate this changes. The Institute also
notes that this change is based on a recommendation
from the library community carefully developed through
a consensus endorsed by the Chief Officers of State
Library Agencies.
TITLE III--MUSEUM SERVICES
Purpose
H.R. 13 ensures that the Institute of Museum and Library
Services will continue its role in promoting public service by
museums in the 21st century by updating the purpose of the
museum services program to, among other things, encourage and
support museums in carrying out their public service and
educational role as providers of learning in conjunction with
schools, families, and communities. The Committee also believes
that the museums, libraries, schools, and other community
organizations.
Definition of museum
Under current law, the term ``museum'' means a public or
private nonprofit agency or institution organized on a
permanent basis for essentially educational or aesthetic
purposes, that utilizes a professional staff, owns or utilizes
tangible objects, cares for the tangible objects, and exhibits
the tangible objects to the public on a regular basis.
The Museum and Library Services Act of 2003 expands the
definition of ``museum'' to include 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. The Committee expands this
definition in recognition of the wide variety of museum
organizations. The Committee understands however, that this
definition does not anticipate museum organizations that may
arise in the future. Accordingly, the Committee intends that no
organization that meets the requirements of the definition
should be precluded from applying for a grant under the Act
based solely on an absence from this list.
Museum service activities
Under current law, the Institute of Museum and Library
Services Director, subject to the policy direction of the
Museum Board, may make grants to museums to pay for the federal
share of the cost of increasing and improving museum services
through various activities. In addition, the Director, subject
to the policy direction of the Museum board, is authorized to
use up to 15 percent of museum services funds to enter into
contracts and cooperative agreements with appropriate entities,
as determined by the Director, to pay for the federal share of
enabling the entities to undertake projects designed to
strengthen museum service.
H.R. 13 eliminates the 15 percent limit for contracts and
cooperative agreements under current law and authorizes the
Director of the Institute of Museum and Library Services,
subject to the policy direction of the expanded Museum and
Library Services Board, to enter into arrangements, including
grants, contracts cooperative agreements, and other forms of
assistance to museums to pay for the federal share of the cost
to support projects designed to strengthen museum services. The
Committee believes this change is needed to allow the Institute
of Museum and Library Services Director greater flexibility in
awarding grants, contracts, and cooperative agreements to
museums and other entities to strengthen museum services.
Section-by-Section Analysis
Section 1.--Designates the short title of this Act as the
``Museum and Library Services Act of 2003.''
TITLE I--GENERAL PROVISIONS
Section 101.--Amends definitions.
Section 102.--Adds authority for a National Museum and
Library Services board within the Institute of Museum and
Library Services.
Section 103.--Ensures that library activities are
coordinated with activities under P.L. 107-110, the No Child
Left Behind Act of 2001; authorizes the director to promulgate
rules and regulations; and defines application procedures
(including review and evaluation of applications).
Section 104.--Sets forth provisions regarding composition,
procedures, duties, and powers of the National Museum and
Library Services Board
Section 105.--Authorizes the director to annually award
National Awards for Library Service and National Awards for
Museum Service to outstanding libraries and museums and
requires the director to carry out and publish analyses of the
impact of museum and library services.
TITLE II--LIBRARY SERVICES AND TECHNOLOGY
Section 201.--Updates the purpose of the Library Services
and Technology Act.
Section 202.--Amends definitions.
Section 203.--Authorizes $210 million for fiscal year 2004
and such sums as may be necessary for fiscal years 2005 through
2009 for the Library Services and Technology Act and increases
the reservation of funds for administration.
Section 204.--Increases minimum State allotments to
$680,000 (if sufficient funds are available).
Section 205.--Updates provisions pertaining to State plans.
Section 206.--Updates State grants uses of funds.
Section 207.--Updates provisions pertaining to National
Leadership Grants to clarify that funds can also be used to
recruit librarians.
TITLE III--MUSEUM SERVICES
Section 301.--Updates the purpose of the Museum Services
Act.
Section 302.--Amends definitions.
Section 303.--Updates and amends provisions pertaining to
uses of funds; federal share of funds; review and evaluation of
assistance; applications for technical assistance; and services
for native Americans with regard to museum services activities.
Section 304.--Repeals sections 274 and 275 of the Museum
and Library Services Act.
Section 305.--Authorizes $35 million for fiscal year 2004
and such sums as may be necessary for fiscal years 2005 through
2009 for the Museum Services Act.
Section 306.--Designates the short title of subtitle C as
the ``Museum Services Act.''
TITLE IV--TECHNICAL CORRECTIONS; REPEALS; EFFECTIVE DATE
Section 401.--Makes technical corrections to the Museum and
Library Services Act.
Section 402.--Repeals sections of the National Commission
on Libraries and Information Science Act and the Museum and
Library Services Act of 1996 to consolidate museum and library
advisory board activities within the Institute of Museum and
Library Services.
Section 403.--States that the amendments made by this Act
shall take effect on the date of enactment except that sections
203, 204, and 305 shall take effect on October 1, 2003.
Explanation of Amendments
The bill was ordered favorably reported without amendment.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill, H.R. 13, the ``Museum and Library Services
Act of 2002,'' authorizes federal assistance to museums and
libraries through fiscal year 2008. The bill does not prevent
legislative branch employees from receiving the benefits of
this legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, Public Law 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. H.R. 13 authorizes federal assistance to museums and
libraries. As such, the bill does not contain any unfunded
mandates.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 13 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 24, 2003.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 13, the Museum and
Library Services Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 13--Museum and Library Services Act of 2003
Summary: H.R. 13 would reauthorize programs under the
Museum and Library Services Act of 1996 that were authorized
through 2002. Programs were authorized in 2003 by the
Consolidated Appropriations Resolution, 2003 (Public Law 108-
10). H.R. 13 would reauthorize these programs through 2009.
CBO estimates that authorizations under the bill would
total $245 million in 2004 and about $1.5 billion over the
2004-2009 period, assuming that annual levels are adjusted to
keep pace with inflation when specific annual authorizations
are not provided. CBO estimates that appropriations of the
authorized levels would result in additional outlays of $1.3
billion over the 2004-2009 period, if inflation adjustments are
included (and about $1.2 billion without inflation
adjustments). Enacting H.R. 13 would not affect direct spending
or receipts.
H.R. 13 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments. This bill would benefit states and other
participating entities by authorizing grant funding for
updating museum and library services. Any costs incurred by
states to participate in this program would be voluntary.
Estimated Cost to the Federal Government: The estimated
budgetary impact of H.R. 13 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services). CBO's
estimate of authorized levels is the authorized amount for 2004
with those amounts inflated in later years. The estimated
outlays reflect CBO's current assumptions about spending
patterns in the authorized programs.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2003 2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law:
Budget Authority \1\................................ 244 0 0 0 0 0 0
Estimated Outlays................................... 231 185 71 0 0 0 0
Proposed Changes:
Library Services:
Estimated Authorization Level................... 0 210 214 219 223 228 233
Estimated Outlays............................... 0 44 142 214 218 223 228
Museum Services:
Estimated Authorization Level................... 0 35 36 36 37 38 39
Estimated Outlays............................... 0 10 35 36 37 37 38
Total Proposed Changes:
Estimated Authorization Level................... 0 245 250 255 260 266 272
Estimated Outlays............................... 0 54 177 250 255 260 266
Total Spending Under H.R. 13:
Estimated Authorization Level \1\................... 244 245 250 255 260 266 272
Estimated Outlays................................... 231 239 248 250 255 260 266
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for the library and museum services programs.
H.R. 13 would reauthorize programs created under the Museum
and Library Services Act. Both the library and museum services
programs would be reauthorized at specific levels for 2004 and
for such sums as may be necessary for 2005 through 2009.
H.R. 13 would authorize the appropriation of $245 million
in 2004. CBO estimates that the bill would authorize total
funding of $1.5 billion over the 2004-2009 period, assuming
that ``such sums'' amounts provided after 2004 are adjusted for
inflation. If the authorized amounts are appropriated,
estimated outlays would total $54 million in the first year and
about $1.3 billion over the six-year period. (Without inflation
adjustments, outlays would total about $1.2 billion over the
six years.)
Office of Library Services
The Office of Library Services within the Institute of
Museum and Library Services provides funding to public
libraries through state formula grants so that libraries can
promote wider access to learning and information. Competitive
grants are also available for libraries that submit innovative
ideas to improve information access. The program also supports
collaborative activities between museums and libraries. The
bill would authorize the library services program at $210
million in 2004 and such sums as may be necessary for the 2005-
2009 period. CBO estimates the total authorized funding for the
2004-2009 period would be about $1.3 billion, assuming
adjustments for inflation, with resulting outlays of about $1.1
billion over those six years.
Office of Museum Services
The Office of Museum Services provides competitive grants
to museums to improve museum programs and operations. The bill
would reauthorize the current program at $35 million in 2004
and such sums as may be necessary for each of the following
five years. For this program, CBO estimates the total
authorized funding for the 2004-2009 period would be $221
million, assuming adjustments for inflation, with resulting
outlays of $194 million over those six years.
National Museum and Library Services Board
The bill would also add a National Museum and Library
Services Board within the Institute of Museum and Library
Services, allow the director to grant national awards to
libraries and museums that have made significant contributions
in service to their communities, and instruct the director to
report on the impact of the museum and library services
programs. Funding for the board's activities would come out of
the amounts authorized for the Office of Library Services and
the Office of Museum Services.
Intergovernmental and private-sector impact: H.R. 13
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. This bill would benefit states and other
participating entities by authorizing grant funding for
streamlining and updating museum and library services. Any
costs incurred by states to participate in this program would
be voluntary.
Estimate prepared by: Federal Costs: Donna Wong; Impact on
State, Local, and Tribal Governments: Gregory Waring; and
Impact on the Private Sector: Nabeel Alsalam.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House rule XIII, the
goal of H.R. 13 is to authorize federal assistance to museums
and libraries. The Committee expects the Department of
Education to comply with H.R. 13 and implement the changes to
the law in accordance with the changes.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 13. The
Committee believes that the amendments made by this bill to the
Museum and Library Services Act are within Congress' authority
under Article I, section 8, clause 1 of the Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 13. However, clause 3(d)(3)(B) of that rule provides that
this requirement does not apply when the Committee has included
in its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
MUSEUM AND LIBRARY SERVICES ACT
[TITLE II--MUSEUM AND LIBRARY SERVICES
[Subtitle A--General Provisions]
TITLE II--MUSEUM AND LIBRARY SERVICES
Subtitle A--General Provisions
SEC. 201. SHORT TITLE.
This title may be cited as the ``Museum and Library
Services Act''.
SEC. 202. GENERAL DEFINITIONS.
As used in this title:
[(1) Commission.--The term ``Commission'' means the
National Commission on Libraries and Information
Science established under section 3 of the National
Commission on Libraries and Information Sciences Act
(20 U.S.C. 1502).]
(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.
* * * * * * *
(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) is 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.
[(4) Museum board.--The term ``Museum Board'' means
the National Museum Services Board established under
section 275.]
[(3)] (5) Institute.--The term ``Institute'' means
the Institute of Museum and Library Services
established under section 203.
(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. 203. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.
(a) * * *
(b) Offices.--The Institute shall consist of an Office of
Museum Services and an Office of Library Services. [There shall
be a National Museum Services Board in the Office of Museum
Services.]
(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. 204. DIRECTOR OF THE INSTITUTE.
(a) * * *
* * * * * * *
(e) Coordination.--The Director shall ensure
coordination of the policies and activities of the
Institute with the policies and activities of other
agencies and offices of the Federal Government having
interest in and responsibilities for the improvement of museums
and libraries and information services. 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 (20 U.S.C.
6383).
(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 such
applications. Such procedures shall not be subject to
any review outside of the Institute. 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
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. 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 for the Office of
Library Services.
(C) The Deputy Director for 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.--Except as otherwise provided in this
subsection, each member of the Museum and Library
Services Board appointed under subparagraph (D) or (E)
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 the
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)(D). 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 4 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 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. [207.] 208. CONTRIBUTIONS.
The Institute is authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests,
or devises of money and other property or services and to use
such property [of] or services in furtherance of the functions
of the Institute. Any proceeds from such gifts, bequests, or
devises, after acceptance by the Institute, shall be paid by
the donor or the representative of the donor to the Director.
The Director shall enter the proceeds in a special-interest
bearing account to the credit of the Institute for the purposes
specified in each case.
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 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;
(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).
* * * * * * *
[Subtitle C--Museum Services
[SEC. 271. PURPOSE.
[It is the purpose of this subtitle--
[(1) to encourage and assist museums in their
educational role, in conjunction with formal systems of
elementary, secondary, and postsecondary education and
with programs of nonformal education for all age
groups;
[(2) to assist museums in modernizing their methods
and facilities so that the museums are better able to
conserve the cultural, historic, and scientific
heritage of the United States; and
[(3) to ease the financial burden borne by museums as
a result of their increasing use by the public.]
Subtitle C--Museum Services
SEC. 271. SHORT TITLE.
This subtitle may be cited as the ``Museum Services Act''.
SEC. 272. 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. [272.] 273. DEFINITIONS.
As used in this subtitle:
(1) Museum.--The term ``museum'' means a public or
private nonprofit agency or institution organized on a
permanent basis for essentially educational or
aesthetic purposes, that utilizes a professional staff,
owns or utilizes tangible objects, cares for the
tangible objects, and exhibits the tangible objects to
the public on a regular basis. 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. 273. MUSEUM SERVICES ACTIVITIES.
[(a) Grants.--The Director, subject to the policy direction
of the Museum Board, may make grants to museums to pay for the
Federal share of the cost of increasing and improving museum
services, through such activities as--
[(1) programs that enable museums to construct or
install displays, interpretations, and exhibitions in
order to improve museum services provided to the
public;
[(2) assisting museums in developing and maintaining
professionally trained or otherwise experienced staff
to meet the needs of the museums;
[(3) assisting museums in meeting the administrative
costs of preserving and maintaining the collections of
the museums, exhibiting the collections to the public,
and providing educational programs to the public
through the use of the collections;
[(4) assisting museums in cooperating with each other
in developing traveling exhibitions, meeting
transportation costs, and identifying and locating
collections available for loan;
[(5) assisting museums in the conservation of their
collections;
[(6) developing and carrying out specialized programs
for specific segments of the public, such as programs
for urban neighborhoods, rural areas, Indian
reservations, and penal and other State institutions;
and
[(7) model programs demonstrating cooperative efforts
between libraries and museums.
[(b) Contracts and Cooperative Agreements.--
[(1) Projects to strengthen museum services.--The
Director, subject to the policy direction of the Museum
Board, is authorized to enter into contracts and
cooperative agreements with appropriate entities, as
determined by the Director, to pay for the Federal
share of enabling the entities to undertake projects
designed to strengthen museum services, except that any
contracts or cooperative agreements entered into
pursuant to this subsection shall be effective only to
such extent or in such amounts as are provided in
appropriations Acts.
[(2) Limitation on amount.--The aggregate amount of
financial assistance made available under this
subsection for a fiscal year shall not exceed 15
percent of the amount appropriated under this subtitle
for such fiscal year.
[(3) Operational expenses.--No financial assistance
may be provided under this subsection to pay for
operational expenses.
[(c) Federal Share.--
[(1) 50 percent.--Except as provided in paragraph
(2), the Federal share described in subsection (a) and
(b) 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 make grants
under subsection (a), or enter into contracts or
agreements under subsection (b), for which the Federal
share may be greater than 50 percent.
[(d) Review and Evaluation.--The Director shall establish
procedures for reviewing and evaluating grants, contracts, and
cooperative agreements made or entered into under this
subtitle. Procedures for reviewing grant applications or
contracts and cooperative agreements for financial assistance
under this subtitle shall not be subject to any review outside
of the Institute.
[SEC. 274. AWARD.
[The Director, with the advice of the Museum Board, may
annually award a National Award for Museum Service to
outstanding museums that have made significant contributions in
service to their communities.
[SEC. 275. NATIONAL MUSEUM SERVICES BOARD.
[(a) Establishment.--There is established in the Institute
a National Museum Services Board.
[(b) Composition and Qualifications.--
[(1) Composition.--The Museum Board shall consist of
the Director and 14 members appointed by the President,
by and with the advice and consent of the Senate.
[(2) Qualifications.--The appointive members of the
Museum Board shall be selected from among citizens of
the United States--
[(A) who are members of the general public;
[(B) 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, and botanical gardens; and
[(C) who are recognized for their broad
knowledge, expertise, or experience in museums
or commitment to museums.
[(3) Geographic and other representation.--Members of
the Museum Board shall be appointed to reflect persons
from various geographic regions of the United States.
The Museum Board may not include, at any time, more
than 3 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.
[(c) Terms.--
[(1) In general.--Each appointive member of the
Museum Board shall serve for a term of 5 years, except
that--
[(A) of the members first appointed, 3 shall
serve for terms of 5 years, 3 shall serve for
terms of 4 years, 3 shall serve for terms of 3
years, 3 shall serve for terms of 2 years, and
2 shall serve for terms of 1 year, 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) Reappointement.--No member of the Museum 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,
a member of the Museum Board shall serve after the
expiration of the term of the member until the
successor to the member takes office.
[(d) Duties and Powers.--The Museum Board shall have the
responsibility to advise the Director on general policies with
respect to the duties, powers, and authority of the Institute
relating to museum services, including general policies with
respect to--
[(1) financial assistance awarded under this subtitle
for museum services; and
[(2) projects described in section 262(a)(4).
[(e) Chairperson.--The President shall designate 1 of the
appointive members of the Museum Board as Chairperson of the
Museum Board.
[(f) Meetings.--
[(1) In general.--The Museum Board shall meet--
[(A) not less than 3 times each year,
including--
[(i) not less than 2 times each year
separately; and
[(ii) not less than 1 time each year
in a joint meeting with the Commission,
convened for purposes of making general
policies with respect to financial
assistance for projects described in
section 262(a)(4); and
[(B) at the call of the Director.
[(2) Vote.--All decisions by the Museum Board with
respect to the exercise of the duties and powers of the
Museum Board shall be made by a majority vote of the
members of the Museum Board who are present. All
decisions by the Commission and the Museum Board with
respect to the policies described in paragraph
(1)(A)(ii) shall be made by a \2/3\ majority vote of
the total number of the members of the Commission and
the Museum Board who are present.
[(g) Quorum.--A majority of the members of the Museum Board
shall constitute a quorum for the conduct of business at
official meetings of the Museum Board, but a lesser number of
members may hold hearings. A majority of the members of the
Commission and a majority of the members of the Museum Board
shall constitute a quorum for the conduct of business at
official joint meetings of the Commission and the Museum Board.
[(h) Compensation and Travel Expenses.--
[(1) Compensation.--Each member of the Museum 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 rate 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 Board. All
members of the Museum Board who are officers or
employees of the Federal Government shall serve without
compensation in addition to compensation received for
their services as officers or employees of the Federal
Government.
[(2) Travel expenses.--The members of the Museum
Board may be allowed travel expenses, including per
diem in lieu of subsistence, in the same amounts and to
the same extent, as authorized under section 5703 of
title 5, United States Code, for persons employed
intermittently in Federal Government service.
[(i) Coordination.--The Museum Board, with the advice of
the Director, shall take steps to ensure that the policies and
activities of the Institute are coordinated with other
activities of the Federal Government.]
SEC. 274. 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 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.--
(1) In general.--The Director shall establish
procedures for reviewing and evaluating arrangements
described in subsection (a) entered into under this
subtitle.
(2) Applications for technical assistance.--
(A) In general.--The Director may use up to
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. [276.] 275. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants.--For the purpose of carrying out this subtitle,
there are authorized to be appropriated to the Director
[$28,700,000 for the fiscal year 1997, and such sums as may be
necessary for each of the fiscal years 1998 through 2002.]
$35,000,000 for fiscal year 2004 and such sums as may be
necessary for fiscal years 2005 through 2009.
* * * * * * *
----------
LIBRARY SERVICES AND TECHNOLOGY ACT
[Subtitle B--Library Services and Technology]
Subtitle B--Library Services and Technology
* * * * * * *
SEC. 212. PURPOSE.
It is the purpose of this subtitle--
(1) to consolidate Federal library service programs;
[(2) to stimulate excellence and promote access to
learning and information resources in all types of
libraries for individuals of all ages;
[(3) to promote library services that provide all
users access to information through State, regional,
national and international electronic networks;
[(4) to provide linkages among and between libraries;
and
[(5) to promote targeted library services to people
of diverse geographic, cultural, and socioeconomic
backgrounds, to individuals with disabilities, and to
people with limited functional literacy or information
skills.]
(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. 213. DEFINITIONS.
As used in this subtitle:
[(1) 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.]
[(2)] (1) Library.--The term ``library'' includes--
(A) * * *
* * * * * * *
[(3)] (2) Library consortium.--The term ``library
consortium'' means any local, statewide, regional,
interstate, or international cooperative association of
library entities which provides for the systematic and
effective coordination of the resources of school,
public, academic, and special libraries and information
centers, for improved services for the clientele of
such library entities.
[(4)] (3) State.--The term ``State'', unless
otherwise specified, includes each of the 50 States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, 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.
[(5)] (4) State library administrative agency.--The
term ``State library administrative agency'' means the
official agency of a State charged by the law of the
State with the extension and development of public
library services throughout the State.
[(6)] (5) State plan.--The term ``State plan'' means
the document which gives assurances that the officially
designated State library administrative agency has the
fiscal and legal authority and capability to administer
all aspects of this subtitle, provides assurances for
establishing the State's policies, priorities,
criteria, and procedures necessary to the
implementation of all programs under this subtitle,
submits copies for approval as required by regulations
promulgated by the Director, identifies a State's
library needs, and sets forth the activities to be
taken toward meeting the identified needs supported
with the assistance of Federal funds made available
under this subtitle.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
[(a) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated $150,000,000 for fiscal year 1997 and such
sums as may be necessary for each of the fiscal years
1998 through 2002 to carry out this subtitle.
[(2) Transfer.--The Secretary of Education shall--
[(A) transfer promptly to the Director any
funds appropriated under the authority of
paragraph (1), to enable the Director to carry
out this subtitle; and
[(B) not exercise any authority concerning
the administration of this title other than the
transfer described in subparagraph (A).]
(a) In General.--There are authorized to be appropriated to
carry out this subtitle $210,000,000 for fiscal year 2004 and
such sums as may be necessary for fiscal years 2005 through
2009.
* * * * * * *
(c) Administration.--Not more than [3] 3.5 percent of the
funds appropriated under this section for a fiscal year may be
used to pay for the Federal administrative costs of carrying
out this subtitle.
CHAPTER 1--BASIC PROGRAM REQUIREMENTS
SEC. 221. RESERVATIONS AND ALLOTMENTS.
(a) * * *
(b) Allotments.--
(1) * * *
* * * * * * *
[(3) Minimum allotment.--
[(A) In general.--For the 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.--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 aggregate of the minimum allotments for all
States for that purpose for such year, each of
such minimum allotments shall be reduced
ratably.
[(C) Special rule.--
[(i) In general.--Notwithstanding any
other provision of this subsection and
using funds allotted for the Republic
of the Marshall Islands, 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 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 Director
shall award grants pursuant to clause
(i) on a competitive basis and pursuant
to recommendations from the Pacific
Region Educational Laboratory in
Honolulu, Hawaii.
[(iii) Termination of eligibility.--
Notwithstanding any other provision of
law, the Republic of the Marshall
Islands, the Federated States of
Micronesia, and the Republic of Palau
shall not receive any funds under this
subtitle for any fiscal year that
begins after September 30, 2001.
[(iv) 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.]
(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 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 Director shall
award grants pursuant to clause (i) on
a competitive basis and pursuant to
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. 224. STATE PLANS.
(a) State Plan Required.--
(1) In general.--In order to be eligible to receive a
grant under this subtitle, a State library
administrative agency shall submit a State plan to the
Director [not later than April 1, 1997.] once every 5
years, as determined by the Director.
* * * * * * *
(b) Contents.--The State plan shall--
(1) * * *
* * * * * * *
(5) describe the procedures that such agency will use
to involve libraries and library users throughout the
State in policy decisions regarding implementation of
this subtitle; [and]
* * * * * * *
(f ) Internet Safety.--
(1) In general.--No funds made available under this
[Act] subtitle for a library described in section
213(2)(A) or (B) that does not receive services at
discount rates under section 254(h)(6) of the
Communications Act of [1934, as added by section 1721
of this Children's Internet Protection Act, may] 1934
(47 U.S.C. 254(h)(6)) may be used to purchase computers
used to access the Internet, or to pay for direct costs
associated with accessing the Internet, for such
library unless--
(A) * * *
* * * * * * *
(4) Timing and applicability of implementation.--
(A) In general.--A library covered by
paragraph (1) shall certify the compliance of
such library with the requirements of paragraph
(1) as part of the application process for the
next program funding year under this [Act]
subtitle following the effective date of this
subsection, and for each subsequent program
funding year thereafter.
(B) Process.--
(i) Libraries with internet safety
policies and technology protection
measures in place.--A library covered
by paragraph (1) that has in place an
Internet safety policy meeting the
requirements of paragraph (1) shall
certify its compliance with paragraph
(1) during each annual program
application cycle under this [Act]
subtitle.
(ii) Libraries without internet
safety policies and technology
protection measures in place.--A
library covered by paragraph (1) that
does not have in place an Internet
safety policy meeting the requirements
of paragraph (1)--
(I) for the first program
year after the effective date
of this subsection in which the
library applies for funds under
this [Act] subtitle, shall
certify that it is undertaking
such actions, including any
necessary procurement
procedures, to put in place an
Internet safety policy that
meets such requirements; and
(II) for the second program
year after the effective date
of this subsection in which the
library applies for funds under
this [Act] subtitle, shall
certify that such library is in
compliance with such
requirements.
Any library covered by paragraph (1)
that is unable to certify compliance
with such requirements in such second
program year shall be ineligible for
all funding under this [Act] subtitle
for such second program year and all
subsequent program years until such
time as such library comes into
compliance with such requirements.
(iii) Waivers.--Any library subject
to a certification under clause
(ii)(II) that cannot make the
certification otherwise required by
that clause may seek a waiver of that
clause if State or local procurement
rules or regulations or competitive
bidding requirements prevent the making
of the certification otherwise required
by that clause. The library shall
notify the Director of the Institute of
Museum and Library Services of the
applicability of that clause to the
library. Such notice shall certify that
the library will comply with the
requirements in paragraph (1) before
the start of the third program year
after the effective date of this
subsection for which the library is
applying for funds under this [Act]
subtitle.
(5) Noncompliance.--
(A) Use of general education provisions act
remedies.--Whenever the Director of the
Institute of Museum and Library Services has
reason to believe that any recipient of funds
this [Act] subtitle is failing to comply
substantially with the requirements of this
subsection, the Director may--
(i) withhold further payments to the
recipient under this [Act] subtitle,
* * * * * * *
(7) Definitions.--In this [section:] subsection:
(A) * * *
* * * * * * *
(D) Obscene.--The term ``obscene'' has the
meaning [given] applicable to such term in
section 1460 of title 18, United States Code.
* * * * * * *
CHAPTER 2--LIBRARY PROGRAMS
SEC. 231. GRANTS TO STATES.
(a) In General.--Of the funds provided to a State library
administrative agency under section 214, such agency shall
expend, either directly or through subgrants of cooperative
agreements, at least 96 percent of such funds for--
[(1)(A) establishing or enhancing electronic linkages
among or between libraries;
[(B) electronically linking libraries with
educational, social, or information services;
[(C) assisting libraries in accessing information
through electronic networks;
[(D) encouraging libraries in different areas, and
encouraging different types of libraries, to establish
consortia and share resources; or
[(E) paying costs for libraries to acquire or share
computer systems and telecommunications technologies;
and
[(2) 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.]
(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.
(b) Special Rule.--Each State library administrative agency
receiving funds under this chapter may apportion the funds
available for the purposes described in subsection (a) [between
the two purposes described in paragraphs (1) and (2) of such
subsection,] among such purposes, as appropriate, to meet the
needs of the individual State.
CHAPTER 3--ADMINISTRATIVE PROVISIONS
* * * * * * *
Subchapter B--Federal Requirements
* * * * * * *
SEC. 262. NATIONAL LEADERSHIP GRANTS, CONTRACTS, OR COOPERATIVE
AGREEMENTS.
(a) In General.--From the amounts reserved under section
221(a)(1)(B) for any fiscal year the Director shall establish
and carry out a program of awarding grants or entering into
contracts or cooperative agreements to enhance the quality of
library services nationwide and to provide coordination between
libraries and museums. Such grants, contracts, and cooperative
agreements shall be used for activities that may include--
(1) [education and training] education, recruitment,
and training of persons in library and information
science, particularly in areas of new technology and
other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
* * * * * * *
(b) Grants, Contracts, or Cooperative Agreements.--
(1) In general.--The Director may carry out the
activities described in subsection (a) by awarding
grants to, or entering into contracts or [cooperative
agreements, with,] cooperative agreements with,
libraries, agencies, institutions of higher education,
or museums, where appropriate.
* * * * * * *
----------
SECTION 5 OF THE NATIONAL COMMISSION ON LIBRARIES AND INFORMATION
SCIENCE ACT
FUNCTIONS
Sec. 5. (a) * * *
[(b) The Commission shall have the responsibility to advise
the Director of the Institute of Museum and Library Services on
general policies with respect to the duties, powers, and
authority of the Institute of Museum and Library Services
relating to library services, including--
[(1) general policies with respect to--
[(A) financial assistance awarded under the
Museum and Library Services Act for library
services; and
[(B) projects described in section 262(a)(4)
of such Act; and
[(2) measures to ensure that the policies and
activities of the Institute of Museum and Library
Services are coordinated with other activities of the
Federal Government.
[(c)(1) The Commission shall meet not less than 1 time each
year in a joint meeting with the National Museum Services
Board, convened for purposes of providing advice on general
policy with respect to financial assistance for projects
described in section 262(a)(4) of such Act.
[(2) All decisions by the Commission and the National
Museum Services Board with respect to the advice on general
policy described in paragraph (1) shall be made by a \2/3\
majority vote of the total number of the members of the
Commission and the National Museum Services Board who are
present.
[(3) A majority of the members of the Commission and a
majority of the members of the National Museum Services Board
shall constitute a quorum for the conduct of business at
official joint meetings of the Commission and the National
Museum Services Board.]
[(d)] (b) The Commission is authorized to contract with
Federal agencies and other public and private agencies to carry
out any of its functions under subsection (a) and to publish
and disseminate such reports, findings, studies, and records as
it deems appropriate.
[(e)] (c) The Commission is further authorized to conduct
such hearings at such times and places as it deems appropriate
for carrying out the purposes of this Act.
[(f)] (d) The heads of all Federal agencies are, to the
extent not prohibited by law, directed to cooperate with the
Commission in carrying out the purposes of this Act.
----------
MUSEUM AND LIBRARY SERVICES ACT OF 1996
TITLE VII--MUSEUM AND LIBRARY SERVICES ACT OF 1996
* * * * * * *
[SEC. 704. TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM SERVICES.
[(a) Definitions.--For purposes of this section, unless
otherwise provided or indicated by the context--
[(1) the term ``Federal agency'' has the meaning
given to the term ``agency'' by section 551(1) of title
5, United States Code;
[(2) the term ``function'' means any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program; and
[(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
[(b) Transfer of Functions From the Institute of Museum
Services and the Library Program Office.--There are transferred
to the Director of the Institute of Museum and Library Services
established under section 203 of the Museum and Library
Services Act--
[(1) all functions that the Director of the Institute
of Museum Services exercised before the date of
enactment of this section (including all related
functions of any officer or employee of the Institute
of Museum Services); and
[(2) all functions that the Director of Library
Programs in the Office of Educational Research and
Improvement in the Department of Education exercised
before the date of enactment of this section and any
related function of any officer or employee of the
Department of Education.
[(c) Determinations of Certain Functions by the Office of
Management and Budget.--If necessary, the Office of Management
and Budget shall make any determination of the functions that
are transferred under subsection (b).
[(d) Delegation and Assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this
section, the Director of the Institute of Museum and Library
Services may delegate any of the functions transferred to the
Director of the Institute of Museum and Library Services by
this section and any function transferred or granted to such
Director of the Institute of Museum and Library Services after
the effective date of this section to such officers and
employees of the Institute of Museum and Library Services as
the Director of the Institute of Museum and Library Services
may designate, and may authorize successive redelegations of
such functions as may be necessary or appropriate, except that
any delegation of any such functions with respect to libraries
shall be made to the Deputy Director of the Office of Library
Services and with respect to museums shall be made to the
Deputy Director of the Office of Museum Services. No delegation
of functions by the Director of the Institute of Museum and
Library Services under this section or under any other
provision of this section shall relieve such Director of the
Institute of Museum and Library Services of responsibility for
the administration of such functions.
[(e) Reorganization.--The Director of the Institute of
Museum and Library Services may allocate or reallocate any
function transferred under subsection (b) among the officers of
the Institute of Museum and Library Services, and may
establish, consolidate, alter, or discontinue such
organizational entities in the Institute of Museum and Library
Services as may be necessary or appropriate.
[(f) Rules.--The Director of the Institute of Museum and
Library Services may prescribe, in accordance with chapters 5
and 6 of title 5, United States Code, such rules and
regulations as the Director of the Institute of Museum and
Library Services determines to be necessary or appropriate to
administer and manage the functions of the Institute of Museum
and Library Services.
[(g) Transfer and Allocations of Appropriations and
Personnel.--Except as otherwise provided in this section, the
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and
other funds employed, used, held, arising from, available to,
or to be made available in connection with the functions
transferred by this section, subject to section 1531 of title
31, United States Code, shall be transferred to the Institute
of Museum and Library Services. Unexpended funds transferred
pursuant to this subsection shall be used only for the purposes
for which the funds were originally authorized and
appropriated.
[(h) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be necessary
with regard to the functions transferred by this section, and
make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out this section. The
Director of the Office of Management and Budget shall provide
for the termination of the affairs of all entities terminated
by this section and for such further measures and dispositions
as may be necessary to effectuate the purposes of this section.
[(i) Effect on Personnel.--
[(1) In general.--Except as otherwise provided by
this section, the transfer pursuant to this section of
full-time personnel (except special Government
employees) and part-time personnel holding permanent
positions shall not cause any such employee to be
separated or reduced in grade or compensation for 1
year after the date of transfer of such employee under
this section.
[(2) Executive schedule positions.--Except as
otherwise provided in this section, any person who, on
the day preceding the effective date of this section,
held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5,
United States Code, and who, without a break in
service, is appointed in the Institute of Museum and
Library Services to a position having duties comparable
to the duties performed immediately preceding such
appointment shall continue to be compensated in such
new position at not less than the rate provided for
such previous position, for the duration of the service
of such person in such new position.
[(j) Savings Provisions.--
[(1) Continuing effect of legal documents.--All
orders, determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses,
registrations, privileges, and other administrative
actions--
[(A) that have been issued, made, granted, or
allowed to become effective by the President,
any Federal agency or official of a Federal
agency, or by a court of competent
jurisdiction, in the performance of functions
that are transferred under this section; and
[(B) that were in effect before the effective
date of this section, or were final before the
effective date of this section and are to
become effective on or after the effective date
of this section;
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director of the
Institute of Museum and Library Services or other authorized
official, a court of competent jurisdiction, or by operation of
law.
[(2) Proceedings not affected.--This section shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance
pending before the Institute of Museum Services on the
effective date of this section, with respect to
functions transferred by this section. Such proceedings
and applications shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken from
the orders, and payments shall be made pursuant to the
orders, as if this section had not been enacted, and
orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing
in this paragraph shall be construed to prohibit the
discontinuance or modification of any such proceeding
under the same terms and conditions and to the same
extent that such proceeding could have been
discontinued or modified if this section had not been
enacted.
[(3) Suits not affected.--This section shall not
affect suits commenced before the effective date of
this section, and in all such suits, proceedings shall
be had, appeals taken, and judgments rendered in the
same manner and with the same effect as if this section
had not been enacted.
[(4) Nonabatement of actions.--No suit, action, or
other proceeding commenced by or against the Institute
of Museum Services, or by or against any individual in
the official capacity of such individual as an officer
of the Institute of Museum Services, shall abate by
reason of the enactment of this section.
[(5) Administrative actions relating to promulgation
of regulations.--Any administrative action relating to
the preparation or promulgation of a regulation by the
Institute of Museum Services relating to a function
transferred under this section may be continued by the
Institute of Museum and Library Services with the same
effect as if this section had not been enacted.
[(k) Transition.--The Director of the Institute of Museum
and Library Services may utilize--
[(1) the services of such officers, employees, and
other personnel of the Institute of Museum Services
with respect to functions transferred to the Institute
of Museum and Library Services by this section; and
[(2) funds appropriated to such functions for such
period of time as may reasonably be needed to
facilitate the orderly implementation of this section.
[(l) References.--A reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document of or relating to--
[(1) the Director of the Institute of Museum Services
with regard to functions transferred under subsection
(b), shall be deemed to refer to the Director of the
Institute of Museum and Library Services; and
[(2) the Institute of Museum Services with regard to
functions transferred under subsection (b), shall be
deemed to refer to the Institute of Museum and Library
Services.
[(m) Additional Conforming Amendments.--
[(1) Recommended legislation.--After consultation
with the appropriate committees of Congress and the
director of the Office of Management and Budget, the
Director of the Institute of Museum and Library
Services shall prepare and submit to the appropriate
committees of Congress recommended legislation
containing technical and conforming amendments to
reflect the changes made by this section.
[(2) Submission to congress.--Not later than 6 months
after the effective date of this section, the Director
of the Institute of Museum and Library Services shall
submit to the appropriate committees of Congress the
recommended legislation referred to under paragraph
(1).
[SEC. 705. SERVICE OF INDIVIDUALS SERVING ON DATE OF ENACTMENT.
[Notwithstanding section 204 of the Museum and Library
Services Act, the individual who was appointed to the position
of Director of the Institute of Museum Services under section
205 of the Museum Services Act (as such section was in effect
on the day before the date of enactment of this Act) and who is
serving in such position on the day before the date of
enactment of this Act shall serve as the first Director of the
Institute of Museum and Library Services under section 204 of
the Museum and Library Services Act (as added by section 2 of
this Act), and shall serve at the pleasure of the President.
[SEC. 706. CONSIDERATION.
[Consistent with title 5, United States Code, in appointing
employees of the Office of Library Services, the Director of
the Institute of Museum and Library Services shall give strong
consideration to individuals with experience in administering
State-based and national library and information services
programs.
[SEC. 707. TRANSITION AND TRANSFER OF FUNDS.
[(a) Transition.--The Director of the Office of Management
and Budget shall take appropriate measures to ensure an orderly
transition from the activities previously administered by the
Director of Library Programs in the Office of Educational
Research and Improvement in the Department of Education to the
activities administered by the Institute for Museum and Library
Services under this Act. Such measures may include the transfer
of appropriated funds.
[(b) Transfer.--From any amounts available to the Secretary
of Education for salaries and expenses at the Department of
Education, the Secretary of Education shall transfer to the
Director the amount of funds necessary to ensure the orderly
transition from activities previously administered by the
Director of the Office of Library Programs in the Office of
Educational Research and Improvement in the Department of
Education to the activities administered by the Institute for
Museum and Library Services. In no event shall the amount of
funds transferred pursuant to the preceding sentence be less
than $200,000.]
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