Pub.L. 108-082 To ratify the authority of the Federal Trade Commission to establish a do-not-call registry. <> ...

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[[Page 117 STAT. 991]]

Public Law 108-81
108th Congress

                                 An Act


 
   To reauthorize the Museum and Library Services Act, and for other 
            purposes. <<NOTE: Sept. 25, 2003 -  [H.R. 13]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Museum and Library Services 
Act of 2003.>> assembled,

SECTION 1. <<NOTE: 20 USC 9101 note.>> SHORT TITLE.

    This Act may be cited as the ``Museum and Library Services Act of 
2003''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                       TITLE I--GENERAL PROVISIONS

Sec. 101. General definitions.
Sec. 102. Institute of Museum and Library Services.
Sec. 103. Director of the Institute.
Sec. 104. National Museum and Library Services Board.
Sec. 105. Awards; analysis of impact of services.

                TITLE II--LIBRARY SERVICES AND TECHNOLOGY

Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Reservations and allotments.
Sec. 205. State plans.
Sec. 206. Grants to States.
Sec. 207. National leadership grants, contracts, or cooperative 
           agreements.

                       TITLE III--MUSEUM SERVICES

Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Repeals.
Sec. 305. Authorization of appropriations.
Sec. 306. Short title.

 TITLE IV--NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE ACT

Sec. 401. Amendment to contributions.
Sec. 402. Amendment to membership.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Amendments to Arts and Artifacts Indemnity Act.
Sec. 502. National children's museum.
Sec. 503. Conforming amendment.
Sec. 504. Technical corrections.
Sec. 505. Repeals.
Sec. 506. Effective date.

[[Page 117 STAT. 992]]

                       TITLE I--GENERAL PROVISIONS

SEC. 101. GENERAL DEFINITIONS.

    Section 202 of the Museum and Library Services Act (20 U.S.C. 9101) 
is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Determined to be obscene.--The term `determined to be 
        obscene' means determined, in a final judgment of a court of 
        record and of competent jurisdiction in the United States, to be 
        obscene.'';
            (2) by striking paragraph (4);
            (3) by redesignating paragraph (3) as paragraph (5);
            (4) by inserting after paragraph (2) the following:
            ``(3) Final judgment.--The term `final judgment' means a 
        judgment that is--
                    ``(A) not reviewed by any other court that has 
                authority to review such judgment; or
                    ``(B) not reviewable by any other court.
            ``(4) Indian tribe.--The term `Indian tribe' means any 
        tribe, band, nation, or other organized group or community, 
        including any Alaska native village, regional corporation, or 
        village corporation (as defined in, or established pursuant to, 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.)), which is recognized by the Secretary of the Interior as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.''; 
        and
            (5) by adding at the end the following:
            ``(6) Museum and library services board.--The term `Museum 
        and Library Services Board' means the National Museum and 
        Library Services Board established under section 207.
            ``(7) Obscene.--The term `obscene' means, with respect to a 
        project, that--
                    ``(A) the average person, applying contemporary 
                community standards, would find that such project, when 
                taken as a whole, appeals to the prurient interest;
                    ``(B) such project depicts or describes sexual 
                conduct in a patently offensive way; and
                    ``(C) such project, when taken as a whole, lacks 
                serious literary, artistic, political, or scientific 
                value.''.

SEC. 102. INSTITUTE OF MUSEUM AND LIBRARY SERVICES.

    Section 203 of the Museum and Library Services Act (20 U.S.C. 9102) 
is amended--
            (1) in subsection (b), by striking the last sentence; and
            (2) by adding at the end the following:

    ``(c) Museum and Library Services Board.--There shall be a National 
Museum and Library Services Board within the Institute, as provided 
under section 207.''.

SEC. 103. DIRECTOR OF THE INSTITUTE.

    Section 204 of the Museum and Library Services Act (20 U.S.C. 9103) 
is amended--
            (1) in subsection (e), by adding at the end the following: 
        ``Where appropriate, the Director shall ensure that activities 
        under subtitle B are coordinated with activities under section

[[Page 117 STAT. 993]]

        1251 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6383).''; and
            (2) by adding at the end the following:

    ``(f) Regulatory Authority.--The Director may promulgate such rules 
and regulations as are necessary and appropriate to implement the 
provisions of this title.
    ``(g) Application Procedures.--
            ``(1) In general.--In order to be eligible to receive 
        financial assistance under this title, a person or agency shall 
        submit an application in accordance with procedures established 
        by the Director by regulation.
            ``(2) Review and evaluation.--The Director shall establish 
        procedures for reviewing and evaluating applications submitted 
        under this title. Actions of the Institute and the Director in 
        the establishment, modification, and revocation of such 
        procedures under this Act are vested in the discretion of the 
        Institute and the Director. In establishing such procedures, the 
        Director shall ensure that the criteria by which applications 
        are evaluated are consistent with the purposes of this title, 
        taking into consideration general standards of decency and 
        respect for the diverse beliefs and values of the American 
        public.
            ``(3) Treatment of projects determined to be obscene.--
                    ``(A) In general.--The procedures described in 
                paragraph (2) shall include provisions that clearly 
                specify that obscenity is without serious literary, 
                artistic, political, or scientific merit, and is not 
                protected speech.
                    ``(B) Prohibition.--No financial assistance may be 
                provided under this title with respect to any project 
                that is determined to be obscene.
                    ``(C) Treatment of application disapproval.--The 
                disapproval of an application by the Director shall not 
                be construed to mean, and shall not be considered as 
                evidence that, the project for which the applicant 
                requested financial assistance is or is not obscene.''.

SEC. 104. NATIONAL MUSEUM AND LIBRARY SERVICES BOARD.

    The Museum and Library Services Act (20 U.S.C. 9101 et seq.) is 
amended--
            (1) by redesignating section <<NOTE: 20 USC 9106.>> 207 as 
        section 208; and
            (2) by inserting after section 206 the following:

``SEC. 207. <<NOTE: 20 USC 9105a.>> NATIONAL MUSEUM AND LIBRARY SERVICES 
            BOARD.

    ``(a) Establishment.--There is established within the Institute a 
board to be known as the `National Museum and Library Services Board'.
    ``(b) Membership.--
            ``(1) Number and appointment.--The Museum and Library 
        Services Board shall be composed of the following:
                    ``(A) The Director.
                    ``(B) The Deputy Director for the Office of Library 
                Services.
                    ``(C) The Deputy Director for the Office of Museum 
                Services.
                    ``(D) The Chairman of the National Commission on 
                Libraries and Information Science.
                    ``(E) Ten <<NOTE: President.>> members appointed by 
                the President, by and with the advice and consent of the 
                Senate, from among

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                individuals who are citizens of the United States and 
                who are specially qualified by virtue of their 
                education, training, or experience in the area of 
                library services, or their commitment to libraries.
                    ``(F) Ten <<NOTE: President.>> members appointed by 
                the President, by and with the advice and consent of the 
                Senate, from among individuals who are citizens of the 
                United States and who are specially qualified by virtue 
                of their education, training, or experience in the area 
                of museum services, or their commitment to museums.
            ``(2) Special qualifications.--
                    ``(A) Library members.--Of the members of the Museum 
                and Library Services Board appointed under paragraph 
                (1)(E)--
                          ``(i) five shall be professional librarians or 
                      information specialists, of whom--
                                    ``(I) not less than one shall be 
                                knowledgeable about electronic 
                                information and technical aspects of 
                                library and information services and 
                                sciences; and
                                    ``(II) not less than one other shall 
                                be knowledgeable about the library and 
                                information service needs of underserved 
                                communities; and
                          ``(ii) the remainder shall have special 
                      competence in, or knowledge of, the needs for 
                      library and information services in the United 
                      States.
                    ``(B) Museum members.--Of the members of the Museum 
                and Library Services Board appointed under paragraph 
                (1)(F)--
                          ``(i) five shall be museum professionals who 
                      are or have been affiliated with--
                                    ``(I) resources that, collectively, 
                                are broadly representative of the 
                                curatorial, conservation, educational, 
                                and cultural resources of the United 
                                States; or
                                    ``(II) museums that, collectively, 
                                are broadly representative of various 
                                types of museums, including museums 
                                relating to science, history, 
                                technology, art, zoos, botanical 
                                gardens, and museums designed for 
                                children; and
                          ``(ii) the remainder shall be individuals 
                      recognized for their broad knowledge, expertise, 
                      or experience in museums or commitment to museums.
            ``(3) Geographic and other representation.--Members of the 
        Museum and Library Services Board shall be appointed to reflect 
        persons from various geographic regions of the United States. 
        The Museum and Library Services Board may not include, at any 
        time, more than three appointive members from a single State. In 
        making such appointments, the President shall give due regard to 
        equitable representation of women, minorities, and persons with 
        disabilities who are involved with museums and libraries.
            ``(4) Voting.--The Director, the Deputy Director of the 
        Office of Library Services, the Deputy Director of the Office of 
        Museum Services, and the Chairman of the National Commission on 
        Library and Information Science shall be nonvoting members of 
        the Museum and Library Services Board.

[[Page 117 STAT. 995]]

    ``(c) Terms.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, each member of the Museum and Library Services Board 
        appointed under subparagraph (E) or (F) of subsection (b)(1) 
        shall serve for a term of 5 years.
            ``(2) Initial board appointments.--
                    ``(A) Treatment of members serving on effective 
                date.--Notwithstanding subsection (b), each individual 
                who is a member of the National Museum Services Board on 
                the date of enactment of the Museum and Library Services 
                Act of 2003, may, at the individual's election, complete 
                the balance of the individual's term as a member of the 
                Museum and Library Services Board.
                    ``(B) First appointments.--Notwithstanding 
                subsection (b), any appointive vacancy in the initial 
                membership of the Museum and Library Services Board 
                existing after the application of subparagraph (A), and 
                any vacancy in such membership subsequently created by 
                reason of the expiration of the term of an individual 
                described in subparagraph (A), shall be filled by the 
                appointment of a member described in subsection 
                (b)(1)(E). When the Museum and Library Services Board 
                consists of an equal number of individuals who are 
                specially qualified in the area of library services and 
                individuals who are specially qualified in the area of 
                museum services, this subparagraph shall cease to be 
                effective and the board shall be appointed in accordance 
                with subsection (b).
                    ``(C) Authority to adjust terms.--The terms of the 
                first members appointed to the Museum and Library 

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