USC Subchapter I

USC Subchapter I
in effect

20 U.S.C. § 9101 General definitions

As used in this chapter: (1) Determined to be obsceneThe 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) Digital literacy skillsThe term “digital literacy skills” means the skills associated with—(A) using technology to enable users to find, evaluate, organize, create, and communicate information; and (B) developing digital citizenship and the responsible use of technology. (3) DirectorThe term “Director” means the Director of the Institute appointed under section 9103 of this title. (4) Final judgmentThe 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. (5) Indian tribeThe 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 as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) InstituteThe term “Institute” means the Institute of Museum and Library Services established under section 9102 of this title. (7) Museum and Library Services BoardThe term “Museum and Library Services Board” means the National Museum and Library Services Board established under section 9105a of this title. (8) ObsceneThe 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.

20 U.S.C. § 9102 Institute of Museum and Library Services

(a) EstablishmentThere is established, within the National Foundation on the Arts and the Humanities, an Institute of Museum and Library Services. (b) OfficesThe Institute shall consist of an Office of Museum Services and an Office of Library Services. (c) Museum and Library Services BoardThere shall be a National Museum and Library Services Board within the Institute, as provided under section 9105a of this title.

20 U.S.C. § 9103 Director of Institute

(a) Appointment(1) In generalThe Institute shall be headed by a Director, appointed by the President, by and with the advice and consent of the Senate. (2) TermThe Director shall serve for a term of 4 years, except that if a successor to the Director has not been appointed by the President, by and with the advice and consent of the Senate, as of the date of expiration of the Director’s term, the Director may serve for not more than 1 additional year or until a successor is appointed and confirmed, whichever is earlier. (3) QualificationsBeginning with the first individual appointed to the position of Director after September 30, 1996, every second individual so appointed shall be appointed from among individuals who have special competence with regard to library and information services. Beginning with the second individual appointed to the position of Director after September 30, 1996, every second individual so appointed shall be appointed from among individuals who have special competence with regard to museum services. (b) CompensationThe Director may be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. (c) Duties and powers(1) Primary responsibilityThe Director shall have primary responsibility for the development and implementation of policy to ensure the availability of museum, library, and information services adequate to meet the essential information, education, research, economic, cultural, and civic needs of the people of the United States. (2) DutiesIn carrying out the responsibility described in paragraph (1), the Director shall—(A) advise the President, Congress, and other Federal agencies and offices on museum, library, and information services in order to ensure the creation, preservation, organization, and dissemination of knowledge; (B) engage Federal, State, and local governmental agencies and private entities in assessing the museum, library, and information services needs of the people of the United States, and coordinate the development of plans, policies, and activities to meet such needs effectively; (C) carry out programs of research and development, data collection, and financial assistance to extend and improve the museum, library, and information services of the people of the United States; and (D) ensure that museum, library, and information services are fully integrated into the information and education infrastructures of the United States. (d) NondelegationThe Director shall not delegate any of the functions of the Director to any person who is not an officer or employee of the Institute. (e) Interagency agreementsThe Director may—(1) enter into interagency agreements to promote or assist with the museum, library, and information services-related activities of other Federal agencies, on either a reimbursable or non-reimbursable basis; and (2) use funds appropriated under this chapter for the costs of such activities. (f) CoordinationThe 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 such policies and activities are coordinated with—(1) programs and activities under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] (including programs and activities under subparts 2 and 3 of part B of title II [20 U.S.C. 6641 et seq., 6661 et seq.], and parts A and B of title IV [20 U.S.C. 7101 et seq., 7171 et seq.], of such Act); (2) programs and activities under the Head Start Act (42 U.S.C. 9831 et seq.) (including programs and activities under subparagraphs (H)(vii) and (J)(iii) of section 641(d)(2) of such Act) (42 U.S.C. 9836(d)(2)); 11 See References in Text note below. (3) activities under the Workforce Innovation and Opportunity Act [29 U.S.C. 3101 et seq.] (including activities under section 121(e) of such Act [29 U.S.C. 3151(e)])); 22 So in original. The second closing parenthesis probably should not appear. and (4) Federal programs and activities that increase the capacity of libraries and museums to act as partners in supporting economic and community development, providing education and research, improving digital literacy skills, strengthening financial literacy and other types of literacy skills, and enhancing public safety and health awareness. (g) Interagency collaborationThe Director shall work jointly with the individuals heading relevant Federal departments and agencies, including the Secretary of Labor, the Secretary of Education, the Administrator of the Small Business Administration, the Chairman of the Federal Communications Commission, the Director of the National Science Foundation, the Secretary of Health and Human Services, the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Chairman of the National Endowment for the Arts, the Chairman of the National Endowment of the Humanities, the Director of the Office of Management and Budget, the Secretary of Commerce, the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Agriculture, the Chief Executive Officer of the Corporation for National and Community Service, the Librarian of Congress, the Archivist of the United States, and the Director of the United States Government Publishing Office, or the designees of such individuals, on—(1) initiatives, materials, technology, or research to support education, workforce development, economic and business development, and related activities and services undertaken by libraries; (2) resource and policy approaches to eliminate barriers to fully leveraging the role of libraries and museums in supporting the early learning, literacy, lifelong learning, digital literacy, workforce development, and education needs of the people of the United States; and (3) initiatives, materials, technology, or research to support educational, cultural, historical, scientific, environmental, and other activities undertaken by museums. (h) Regulatory authorityThe Director may promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this chapter. (i) Application procedures(1) In generalIn order to be eligible to receive financial assistance under this chapter, a person or agency shall submit an application in accordance with procedures established by the Director by regulation. (2) Review and evaluationThe Director shall establish procedures for reviewing and evaluating applications submitted under this chapter. Actions of the Institute and the Director in the establishment, modification, and revocation of such procedures under this chapter 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 chapter, 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 generalThe 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) ProhibitionNo financial assistance may be provided under this chapter with respect to any project that is determined to be obscene. (C) Treatment of application disapprovalThe 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.

20 U.S.C. § 9104 Deputy Directors

The Office of Library Services shall be headed by a Deputy Director, who shall be appointed by the Director from among individuals who have a graduate degree in library science and expertise in library and information services. The Office of Museum Services shall be headed by a Deputy Director, who shall be appointed by the Director from among individuals who have expertise in museum services.

20 U.S.C. § 9105 Personnel

(a) In generalThe Director may, in accordance with applicable provisions of title 5, appoint and determine the compensation of such employees as the Director determines to be necessary to carry out the duties of the Institute. (b) Appointment and compensation of technical and professional employees(1) In generalSubject to paragraph (2), the Director may appoint without regard to the provisions of title 5 governing the appointment in the competitive service and may compensate without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title (relating to the classification and General Schedule pay rates), such technical and professional employees as the Director determines to be necessary to carry out the duties of the Institute. (2) Number and compensation(A) In generalThe number of employees appointed and compensated under paragraph (1) shall not exceed ⅕ of the number of full-time regular or professional employees of the Institute. (B) Rate of compensation(i) In generalExcept as provided in clause (ii), the rate of basic compensation for the employees appointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS–15 of the General Schedule under section 5332 of title 5. (ii) ExceptionThe Director may appoint not more than 3 employees under paragraph (1) at a rate of basic compensation that exceeds the rate described in clause (i) but does not exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5. (c) Voluntary servicesThe Director may accept and utilize the voluntary services of individuals and reimburse the individuals for 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 for persons employed intermittently in Federal Government service. (d) Experts and consultantsThe Director may use experts and consultants, including panels of experts, who may be employed as authorized under section 3109 of title 5.

20 U.S.C. § 9105a National Museum and Library Services Board

(a) EstablishmentThere is established within the Institute a board to be known as the “National Museum and Library Services Board”. (b) Membership(1) Number and appointmentThe 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) Ten members appointed by the President, 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 library services, or their commitment to libraries. (E) Ten members appointed by the President, 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 membersOf the members of the Museum and Library Services Board appointed under paragraph (1)(D)—(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, including rural 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 membersOf the members of the Museum and Library Services Board appointed under paragraph (1)(E)—(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 representationMembers of the Museum and Library Services Board shall be appointed to reflect persons from, and the needs of, various geographic regions of the United States, including rural areas. 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) VotingThe Director, the Deputy Director of the Office of Library Services, the Deputy Director of the Office of Museum Services, and the General Counsel of the Institute shall be nonvoting members of the Museum and Library Services Board. (c) Terms(1) In generalEach 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) Authority to adjust termsThe terms of the members appointed to the Museum and Library Service Board shall be adjusted by the President as necessary to ensure that the terms of not more than four members expire in the same year. Such adjustments shall be carried out through designation of the adjusted term at the time of appointment. (3) VacanciesAny member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. (4) ReappointmentNo 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 officeNotwithstanding 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 generalThe 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, library, and information services. (2) National awards and medalsThe Museum and Library Services Board shall advise the Director in awarding national awards and medals under section 9107 of this title. (e) ChairpersonThe Director shall serve as Chairperson of the Museum and Library Services Board. (f) SecretaryThe General Counsel of the Institute shall serve as Secretary of the Museum and Library Services Board. (g) Meetings(1) In generalThe Museum and Library Services Board shall meet not less than 2 times each year and at the call of the Director. (2) VoteAll 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. (h) QuorumA 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. (i) Compensation and travel expenses(1) CompensationEach 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, for each day (including travel time) during which such member is engaged in the performance of the duties of the Museum and Library Services Board. Members of the Museum and Libraries Services Board who are full-time officers or employees of the Federal Government may not receive additional pay, allowances, or benefits by reason of their service on the Museum and Library Services Board. (2) Travel expensesEach 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. (j) CoordinationThe Director, with the advice of the Museum and Library Services Board, shall coordinate the development and implementation of policies and activities as described in subsections (f) and (g) of section 9103 of this title.

20 U.S.C. § 9106 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 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.

20 U.S.C. § 9107 Awards and medals

The Director, with the advice of the Museum and Library Services Board, may annually award national awards and medals for library and museum services to outstanding libraries and museums that have made significant contributions in service to their communities.

20 U.S.C. § 9108 Policy research, data collection, analysis and modeling, evaluation, and dissemination

(a) In generalThe Director shall regularly support and conduct, as appropriate, policy research, data collection, analysis and modeling, evaluation, and dissemination of information to extend and improve the Nation’s museum, library, and information services. (b) ObjectivesThe objectives of the policy research, data collection, analysis and modeling, evaluation, and dissemination of information carried out under this section include the following:(1) To enhance and expand the capacity of museums, libraries, and information services to anticipate, respond to, and meet the evolving needs of communities and the public, including by identifying trends and developments that may impact the need for and delivery of services. (2) To provide information and data on the role, value, and impact of museum, library, and information resources, including the identification of trends and potential gaps in the availability and use of museum and library services by their communities and the public. (3) To measure the effectiveness of museums, libraries, and information services throughout the United States, including the impact of Federal programs authorized under this chapter. (4) To identify indicators and outcomes that can be used to create enhancements to the efficiency and efficacy of museum, library, and information services. (5) To promote advancement and growth in museum, library, and information services through sharing of best practices and effective strategies in order to better serve the people of the United States. (6) To facilitate planning for, and building of, institutional capacity in order to improve—(A) museum, library, and information services at the national, State, local, and regional levels; and (B) international communications and cooperative networks. (7) To support and enhance collaborative professional networks and consortia that use shared, meaningful, and actionable data analysis and modeling to advance museum, library, and information services and address community needs. (c) Authority to contract and enter into other arrangementsThe Director is authorized to enter into grants, contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise the Director determines appropriate, to further the objectives described in subsection (b) and to carry out the responsibilities under subsection (f). (d) Consultation and public engagementIn carrying out subsection (a) and in furtherance of the objectives described in subsection (b), the Director—(1) shall conduct ongoing collaboration (as determined appropriate by the Director) and consult with—(A) State library administrative agencies; and (B) National, State, tribal, and regional museum and library organizations; and (2) may also collaborate or consult with—(A) cooperative networks of geographic- or discipline-based museums and libraries; and (B) other applicable agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders. (e) Assistance to museums and librariesThe Director shall provide technical support and assistance (and other resources, to the extent practicable) to ensure consistency in data reporting and help the museum and library fields with meeting the objectives of this section. (f) Dissemination(1) In generalEach year, the Director shall widely disseminate, as appropriate to further the objectives described in subsection (b)—(A) the results, data, reports, findings, studies, surveys, and other information obtained under this section; (B) the means and approaches by which the objectives described in subsection (b) were accomplished; and (C) information regarding the manner and extent to which collaboration and consultation were conducted, as required by subsection (d). (2) Formats to be usedThe information described in paragraph (1) shall be shared in formats that facilitate access and ease of use and are searchable. (g) Authorization of appropriations(1) In generalThere are authorized to be appropriated to carry out this section $3,500,000 for each of the fiscal years 2020 through 2025. (2) Availability of fundsSums appropriated under paragraph (1) for any fiscal year shall remain available for obligation until expended.

20 U.S.C. § 9109 Prohibition on use of funds for construction

No funds appropriated to carry out this chapter, subchapter II of this chapter, or subchapter III of this chapter may be used for construction expenses.

20 U.S.C. § 9110 Hearings

The Director is authorized to conduct hearings at such times and places as the Director determines appropriate for carrying out the purposes of this subchapter.

20 U.S.C. § 9111 Administrative funds

Notwithstanding any other provision of this chapter, the Director shall establish one account to be used to pay the Federal administrative costs of carrying out this chapter, and not more than $17,000,000 of the total funds appropriated under sections 9108(g), 9123, and 9176 of this title shall be placed in such account.

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