Contents:
SUBCHAPTER
I - GENERAL PROVISIONS
9101. General definitions.
9102. Institute of Museum
and Library Services.
(a) Establishment.
(b) Offices.
(c) Museum and Library Services Board.
9103. Director of Institute.
(a) Appointment.
(b) Compensation.
(c) Duties and powers.
(d) Nondelegation.
(e) Coordination.
(f) Regulatory authority.
(g) Application procedures.
9104. Deputy Directors.
9105. Personnel.
(a) In general.
(b) Appointment and compensation of technical and
professional employees.
(c) Voluntary services.
9105a. National Museum
and Library Services Board.
(a) Establishment.
(b) Membership.
(c) Terms.
(d) Duties and powers.
(e) Chairperson.
(f) Meetings.
(g) Quorum.
(h) Compensation and travel expenses.
(i) Coordination.
9106. Contributions.
9107. Awards.
9108. Analysis of impact
of museum and library services.
9109. Prohibition on use
of funds for construction.
SUBCHAPTER
II - LIBRARY SERVICES AND TECHNOLOGY
9121. Purpose.
9122. Definitions.
9123. Authorization of
appropriations.
(a) In general.
(b) Forward funding.
(c) Administration.
PART 1 - BASIC PROGRAM REQUIREMENTS
9131. Reservations and
allotments.
(a) Reservations.
(b) Allotments.
9132. Administration.
(a) In general.
(b) Construction.
9133. Payments; Federal
share; and maintenance of effort requirements.
(a) Payments.
(b) Federal share.
(c) Maintenance of effort.
9134. State plans.
(a) State plan required.
(b) Contents.
(c) Evaluation and report.
(d) Information.
(e) Approval.
(f) Internet safety.
PART 2 - LIBRARY PROGRAMS
9141. Grants to States.
(a) In general.
(b) Special rule.
PART 3 - ADMINISTRATIVE PROVISIONS
SUBPART A - STATE REQUIREMENTS
9151. State advisory councils.
SUBPART B - FEDERAL REQUIREMENTS
9161. Services for Native
Americans.
9162. National leadership
grants, contracts, or cooperative agreements.
(a) In general.
(b) Grants, contracts, or cooperative agreements.
(c) Special rule.
9163. State and local initiatives.
SUBCHAPTER
III - MUSEUM SERVICES
9171. Purpose.
9172. Definitions.
9173. Museum services activities.
(a) In general.
(b) Federal share.
(c) Review and evaluation.
(d) Services for Native Americans.
9174, 9175. Repealed.
9176. Authorization of
appropriations.
(a) Grants.
(b) Administration.
(c) Sums remaining available.
CODIFICATION
Title II of Pub. L. 94-462, comprising this chapter,
was originally enacted as Pub. L. 94-462, title II,
Oct. 8, 1976, 90 Stat. 1975; Pub. L. 96-496, title II,
Sec. 201, Dec. 4, 1980, 94 Stat. 2591; Pub. L. 98-306,
Secs. 8-11, May 31, 1984, 98 Stat. 225; Pub. L. 99-194,
title II, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101-512,
title III, Sec. 318 [title II, Secs. 201, 202(a)(1),
(b), 203-205], Nov. 5, 1990, 104 Stat. 1960, 1974, 1975,
known as the
Museum Services Act, and classified to section 961 et
seq. of this title. Title II is shown, herein, however,
as having been added by Pub. L. 104-208 without reference
to such intervening amendments because of the extensive
amendments to the provisions of title II by Pub. L.
104-208.
SUBCHAPTER
I - GENERAL PROVISIONS
Sec. 9101. General
definitions
As used in this chapter:
(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) Director
The term "Director" means the Director of
the Institute appointed under section 9103 of this title.
(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.
(5) Institute
The term "Institute" means the Institute of
Museum and Library Services established under section
9102 of this title.
(6) Museum and Library Services Board
The term "Museum and Library Services Board"
means the National Museum and Library Services Board
established under section 9105a of this title.
(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.
(Pub. L. 94-462, title II, Sec. 202,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-294; amended Pub. L. 108-81, title I, Sec. 101,
Sept. 25, 2003, 117 Stat. 992.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to
in par. (4), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat.
688, as amended, which is classified generally to chapter
33 (Sec. 1601 et seq.) of Title 43, Public Lands. For
complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title
43
and Tables.
PRIOR PROVISIONS
A prior section 202 of Pub. L. 94-462 was classified
to section 961 of this title prior to the general amendment
of title II of Pub. L. 94-462 by Pub. L. 104-208.
AMENDMENTS
2003 - Par. (1). Pub. L. 108-81, Sec. 101(1), added
par. (1) and struck out heading and text of former par.
(1). Text read as follows: "The term 'Commission'
means the National Commission on Libraries and Information
Science established under section 1502 of this title."
Pars. (3) to (5). Pub. L. 108-81, Sec. 101(2)-(4), added
pars. (3) and (4), redesignated former par. (3) as (5),
and struck out heading and text of former par. (4).
Text read as follows: "The term 'Museum Board'
means the National Museum Services Board
established under section 9175 of this title."
Pars. (6), (7). Pub. L. 108-81, Sec. 101(5), added pars.
(6) and
(7).
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-81, title V, Sec. 506, Sept. 25, 2003, 117
Stat. 1005, provided that: "The amendments made
by this Act [enacting sections 9105a and 9107 to 9109
of this title, amending this section, sections 956a,
974, 1503 to 1505, 9102, 9103, 9106, 9121 to 9123, 9131,
9134, 9141, 9162, 9171 to 9173, and 9176 of this title,
and section 170 of Title 26, Internal Revenue Code,
repealing sections 9174 and 9175 of this title, enacting
provisions set out as a note under this section, and
repealing provisions set out as notes under sections
9102, 9103, and 9105 of this title] shall take effect
on the date of enactment of this Act [Sept. 25, 2003],
except that the amendments made by sections 203, 204,
and 305 of this Act [amending sections 9123, 9131, and
9176 of this title] shall take effect on October 1,
2003."
SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-81, Sec. 1, Sept. 25, 2003, 117 Stat. 991,
provided that: "This Act [enacting sections 9105a
and 9107 to 9109 of this title, amending this section,
sections 956a, 974, 1503 to 1505, 9102, 9103, 9106,
9121 to 9123, 9131, 9134, 9141, 9162, 9171 to 9173,
and 9176 of this title, and section 170 of Title 26,
Internal Revenue Code, repealing sections 9174 and 9175
of this title, enacting provisions set out as notes
under this section and section 956a of this title, and
repealing provisions set out as notes under sections
9102, 9103, and 9105 of this title] may be cited as
the 'Museum and Library Services Act of 2003'."
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-128, Sec. 1, Dec. 1, 1997, 111 Stat. 2548,
provided that: "This Act [amending sections 9105,
9122, 9131, 9133, 9161, and 9162 of this title] may
be cited as the 'Museum and Library Services Technical
and Conforming Amendments of 1997'."
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
VII, Sec. 701], Sept. 30, 1996, 110 Stat. 3009-233,
3009-293, provided that: "This title [enacting
this chapter, amending sections 1069b, 1504, 1505, 3441,
3473, 3489, 6621, 6645, 6648, 6649, 6813, 8091, 8102,
and 8104 of this title, section 5315 of Title 5, Government
Organization and Employees, section 276d-3 of former
Title 40, Public Buildings, Property, and Works, section
214 of former Title 40, Appendix, section 3338 of Title
42, The Public Health and Welfare, section 254 of Title
47, Telegraphs, Telephones, and Radiotelegraphs, and
section 1666 of Title 48, Territories and Insular Possessions,
repealing sections 351 to 386g, 1021 to 1047, 1221i,
and 7001 to 7005 of this title, enacting provisions
set out under this section and sections 9102, 9103,
and 9105 of this title, and repealing provisions set
out as notes under sections 351 and 1029 of this title]
may be cited as the 'Museum and Library Services Act
of 1996'."
SHORT TITLE
Pub. L. 94-462, title II, Sec. 201, as added by Pub.
L. 104-208, div. A, title I, Sec. 101(e) [title VII,
Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-293,
provided that: "This title [enacting this chapter]
may be cited as the 'Museum and Library Services Act'."
Pub. L. 94-462, title II, Sec. 211, as added by Pub.
L. 104-208,
div. A, title I, Sec. 101(e) [title VII, Sec. 702],
Sept. 30, 1996, 110 Stat. 3009-233, 3009-295, provided
that: "This subtitle [subtitle B (Secs. 211-263)
of title II of Pub. L. 94-462, enacting subchapter II
of this chapter] may be cited as the 'Library Services
and Technology Act'." Pub. L. 94-462, title II,
Sec. 271, as added by Pub. L. 108-81, title III, Sec.
306(2), Sept. 25, 2003, 117 Stat. 1002, provided that:
"This subtitle [subtitle C (Secs. 271-276) of title
II of Pub. L. 94-462, enacting subchapter III of this
chapter] may be cited as the 'Museum Services Act'."
Sec. 9102. Institute
of Museum and Library Services
(a) Establishment
There is established, within the National Foundation
on the Arts and the Humanities, an Institute of Museum
and Library Services.
(b) Offices
The Institute shall consist of an Office of Museum Services
and an Office of Library Services.
(c) Museum and Library Services Board
There shall be a National Museum and Library Services
Board within the Institute, as provided under section
9105a of this title.
(Pub. L. 94-462, title II, Sec. 203,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-294; amended Pub. L. 108-81, title I, Sec. 102,
Sept. 25, 2003, 117 Stat. 992.)
PRIOR PROVISIONS
A prior section 203 of Pub. L. 94-462 was classified
to section 962 of this title prior to the general amendment
of title II of Pub. L. 94-462 by Pub. L. 104-208.
AMENDMENTS
2003 - Subsec. (b). Pub. L. 108-81, Sec. 102(1), struck
out at end "There shall be a National Museum Services
Board in the Office of Museum Services." Subsec.
(c). Pub. L. 108-81, Sec. 102(2), added subsec. (c).
TRANSFER OF FUNCTIONS FROM INSTITUTE
OF MUSEUM SERVICES
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
VII, Sec. 704], Sept. 30, 1996, 110 Stat. 3009-233,
3009-307, provided for transfer of functions from the
Institute of Museum Services and the Library Program
Office to Director of Institute of Museum and Library
Services, prior to repeal by Pub. L. 108-81, title V,
Sec. 505(b), Sept. 25, 2003, 117 Stat. 1004.
TRANSITION AND TRANSFER OF FUNDS
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
VII, Sec. 707], Sept. 30, 1996, 110 Stat. 3009-233,
3009-311, required Director of the Office of Management
and Budget to take appropriate measures to ensure orderly
transition from activities previously administered by
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, prior to repeal by Pub.
L. 108-81, title V, Sec. 505(b), Sept. 25, 2003, 117
Stat. 1004.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9101 of this
title.
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 9103. Director
of Institute
(a) Appointment
(1) In general
The Institute shall be headed by a Director, appointed
by the President, by and with the advice and consent
of the Senate.
(2) Term
The Director shall serve for a term of 4 years.
(3) Qualifications
Beginning 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) Compensation
The 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
The Director shall perform such duties and exercise
such powers as may be prescribed by law, including awarding
financial assistance for activities described in this
chapter.
(d) Nondelegation
The 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) 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 subchapter II of this chapter
are coordinated with activities under section 6383 of
this title.
(f) Regulatory authority
The Director may promulgate such rules and regulations
as are necessary and appropriate to implement the provisions
of this chapter.
(g) Application procedures
(1) In general
In 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 evaluation
The 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 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 chapter
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.
(Pub. L. 94-462, title II, Sec. 204,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-294; amended Pub. L. 108-81, title I, Sec. 103,
Sept. 25, 2003, 117 Stat. 992.)
REFERENCES IN TEXT
This chapter, the second place it appears in subsec.
(g)(2), was in the original "this Act" and
was translated as reading "this title", meaning
title II of Pub. L. 94-462, known as the Museum and
Library Services Act, to reflect the probable intent
of Congress.
PRIOR PROVISIONS
A prior section 204 of Pub. L. 94-462 was classified
to section 963 of this title prior to the general amendment
of title II of Pub. L. 94-462 by Pub. L. 104-208.
AMENDMENTS
2003 - Subsec. (e). Pub. L. 108-81, Sec. 103(1), inserted
at end "Where appropriate, the Director shall ensure
that activities under subchapter II of this chapter
are coordinated with activities under section 6383 of
this title." Subsecs. (f), (g). Pub. L. 108-81,
Sec. 103(2), added subsecs. (f) and (g).
SERVICE OF INDIVIDUALS SERVING ON SEPTEMBER
30, 1996
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
VII, Sec. 705], Sept. 30, 1996, 110 Stat. 3009-233,
3009-311, which provided that the individual who was
appointed to the position of Director of the Institute
of Museum Services and was serving in such position
on the day before Sept. 30, 1996, would serve, at the
pleasure of the President, as the first Director of
the Institute of Museum and Library Services, was repealed
by Pub. L. 108-81, title V, Sec. 505(b), Sept. 25, 2003,
117 Stat. 1004.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9101 of this
title.
Sec. 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.
(Pub. L. 94-462, title II, Sec. 205,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-295.)
PRIOR PROVISIONS
A prior section 205 of Pub. L. 94-462 was classified
to section 964 of this title prior to the general amendment
of title II of Pub. L. 94-462 by Pub. L. 104-208.
Sec. 9105. Personnel
(a) In general
The 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 general
Subject 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
The number of employees appointed and compensated under
paragraph (1) shall not exceed 1/5 of the number of
full-time regular or professional employees of the Institute.
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.
(c) Voluntary services
The 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.
(Pub. L. 94-462, title II, Sec. 206,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-295; amended Pub. L. 105-128, Sec. 2, Dec. 1, 1997,
111 Stat. 2548.)
REFERENCES IN TEXT
The provisions of title 5 governing appointment in the
competitive service, referred to in subsec. (b), are
classified generally to section 3301 et seq. of Title
5, Government Organization and Employees.
PRIOR PROVISIONS
A prior section 206 of Pub. L. 94-462 was classified
to section 965 of this title prior to the general amendment
of title II of Pub. L. 94-462 by Pub. L. 104-208.
AMENDMENTS
1997 - Subsecs. (b), (c). Pub. L. 105-128 added subsec.
(b) and redesignated former subsec. (b) as (c).
CONSIDERATION GIVEN TO INDIVIDUALS WITH
EXPERIENCE
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title
VII, Sec. 706], Sept. 30, 1996, 110 Stat. 3009-233,
3009-311, required Director of the Institute of Museum
and Library Services to give strong consideration to
individuals with experience in administering State-based
and national library and information services programs
when appointing employees of the Office of Library Services,
prior to repeal by Pub. L. 108-81, title V, Sec. 505(b),
Sept. 25, 2003, 117 Stat. 1004.
Sec. 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 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 library services, or their
commitment to libraries.
(F) Ten 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.
(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) of
this section shall serve for a term of 5 years.
(2) Initial Board appointments
(A) Treatment of members serving on effective date Notwithstanding
subsection (b) of this section, each individual who
is a member of the National Museum Services Board on
September 25, 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) of this section, 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) of this
section. 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) of this section.
(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
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) 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 chapter.
(2) National awards
The Museum and Library Services Board shall advise the
Director in making awards under section 9107 of this
title.
(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, 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 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.
(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.
(Pub. L. 94-462, title II, Sec. 207,
as added Pub. L. 108-81, title
I, Sec. 104(2), Sept. 25, 2003, 117 Stat. 993.)
PRIOR PROVISIONS
A prior section 207 of Pub. L. 94-462 was renumbered
section 208 and is classified to section 9106 of this
title. Another prior section 207 of Pub. L. 94-462 was
classified to section 966 of this title prior to the
general amendment of title II of Pub. L. 94-462 by Pub.
L. 104-208.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9101, 9102 of
this title.
Sec. 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.
(Pub. L. 94-462, title II, Sec. 208,
formerly Sec. 207, as added Pub. L. 104-208, div. A,
title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30,
1996, 110 Stat. 3009-233, 3009-295; renumbered Sec.
208 and amended Pub. L. 108-81, title I, Sec. 104(1),
title V, Sec. 504(e), Sept. 25, 2003, 117 Stat. 993,
1004.)
AMENDMENTS
2003 - Pub. L. 108-81, Sec. 504(e), which directed substitution
of "property or services" for "property
of services", could not be executed because the
words "property or services" did not appear
in text.
Sec. 9107. 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.
(Pub. L. 94-462, title II, Sec. 209,
as added Pub. L. 108-81, title I, Sec. 105, Sept. 25,
2003, 117 Stat. 996.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9105a of this
title.
Sec. 9108. Analysis
of impact of museum and library services
From amounts described in sections 9123(c)
and 9176(b) of this title, 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 subchapters II and III
of this chapter;
(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).
(Pub. L. 94-462, title II, Sec. 210,
as added Pub. L. 108-81, title I, Sec. 105, Sept. 25,
2003, 117 Stat. 996.)
Sec. 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.
(Pub. L. 94-462, title II, Sec. 210A,
as added Pub. L. 108-81, title I, Sec. 105, Sept. 25,
2003, 117 Stat. 997.)
SUBCHAPTER
II - LIBRARY SERVICES AND TECHNOLOGY
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 9103, 9108,
9109 of this title; title 47 section 254.
Sec. 9121. Purpose
It is the purpose of this subchapter
-
(1) to consolidate Federal library service programs;
(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.
(Pub. L. 94-462, title II, Sec. 212,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-295; amended Pub. L. 108-81, title II, Sec. 201,
Sept. 25, 2003, 117 Stat. 997.)
AMENDMENTS
2003 - Pars. (2) to (5). Pub. L. 108-81 added pars.
(2) to (4) and struck out former pars. (2) to (5) which
read as follows:
"(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."
Sec. 9122. Definitions
As used in this subchapter:
(1) Library
The term "library" includes -
(A) a public library;
(B) a public elementary school or secondary school library;
(C) an academic library;
(D) a research library, which for the purposes of this
subchapter means a library that -
(i) makes publicly available library services and materials
suitable for scholarly research and not otherwise available
to the public; and
(ii) is not an integral part of an institution of higher
education; and
(E) a private library or other special
library, but only if the State in which such private
or special library is located determines that the library
should be considered a library for purposes of this
subchapter.
(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.
(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.
(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.
(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 subchapter, provides assurances for establishing
the State's policies, priorities, criteria, and procedures
necessary to the implementation of all programs under
this subchapter, 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 subchapter.
(Pub. L. 94-462, title II, Sec. 213,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-296; amended Pub. L. 105-128, Sec. 3, Dec. 1, 1997,
111 Stat. 2548; Pub. L. 108-81, title II, Sec. 202,
Sept. 25, 2003, 117 Stat. 997.)
AMENDMENTS
2003 - Pars. (1) to (6). Pub. L. 108-81 redesignated
pars. (2) to (6) as (1) to (5), respectively, and struck
out heading and text of former par. (1). Text read as
follows: "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."
1997 - Par. (2)(E). Pub. L. 105-128 inserted "or
other special library" after "a private library"
and "or special" after "such private".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9134 of this
title; title 26 section 170.
Sec. 9123. Authorization
of appropriations
(a) In general
There are authorized to be appropriated to carry out
this subchapter $232,000,000 for fiscal year 2004 and
such sums as may be necessary for fiscal years 2005
through 2009.
(b) Forward funding
(1) In general
To the end of affording the responsible Federal, State,
and local officers adequate notice of available Federal
financial assistance for carrying out ongoing library
activities and projects, appropriations for grants,
contracts, or other payments under any program under
this subchapter are authorized to be included in the
appropriations Act for the fiscal year preceding the
fiscal year during which such activities and projects
shall be carried out.
(2) Additional authorization of appropriations
In order to effect a transition to the timing of appropriation
action authorized by subsection (a) of this section,
the application of this section may result in the enactment,
in a fiscal year, of separate appropriations for a program
under this subchapter (whether in the same appropriations
Act or otherwise) for two consecutive fiscal years.
(c) Administration
Not more than 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 subchapter.
(Pub. L. 94-462, title II, Sec. 214,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-296; amended Pub. L. 108-81, title II, Sec. 203,
Sept. 25, 2003, 117 Stat. 997.)
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-81, Sec. 203(1), added
subsec. (a) and struck out heading and text of former
subsec. (a). Text read as follows:
"(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 subchapter.
"(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 subchapter; and
"(B) not exercise any authority concerning the
administration of this chapter other than the transfer
described in subparagraph (A)."
Subsec. (c). Pub. L. 108-81, Sec. 203(2), substituted
"3.5 percent" for "3 percent".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-81 effective Oct. 1, 2003,
see section 506 of Pub. L. 108-81, set out as a note
under section 9101 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9108, 9131,
9133, 9141 of this title.
PART 1 - BASIC PROGRAM REQUIREMENTS
Sec. 9131. Reservations
and allotments
(a) Reservations
(1) In general
From the amount appropriated under the authority of
section 9123 of this title for any fiscal year, the
Director -
(A) shall reserve 1.75 percent to award grants in accordance
with section 9161 of this title; and
(B) shall reserve 3.75 percent to award national leadership
grants or contracts in accordance with section 9162
of this title.
(2) Special rule
If the funds reserved pursuant to paragraph (1)(B) for
a fiscal year have not been obligated by the end of
such fiscal year, then such funds shall be allotted
in accordance with subsection (b) of this section for
the fiscal year succeeding the fiscal year for which
the funds were so reserved.
(b) Allotments
(1) In general
From the sums appropriated under the authority of section
9123 of this title and not reserved under subsection
(a) of this section for any fiscal year, the Director
shall award grants from minimum allotments, as determined
under paragraph (3), to each State. Any sums remaining
after minimum allotments are made for such year shall
be allotted in the manner set forth in paragraph
(2).
(2) Remainder
From the remainder of any sums appropriated under the
authority of section 9123 of this title that are not
reserved under subsection (a) of this section and not
allotted under paragraph (1) for any fiscal year, the
Director shall award grants to each State in an amount
that bears the same relation to such remainder as the
population of the State bears to the population of all
States.
(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 9123 of this title and
not reserved under subsection (a) of this section 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 9123 of this title and
not reserved under subsection (a) of this section 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
9123 of this title and not reserved under subsection
(a) of this section 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 subchapter
in accordance with the provisions of this subchapter
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 after taking into consideration
available 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.
(4) Data
The population of each State and of all the States shall
be determined by the Director on the basis of the most
recent data available from the Bureau of the Census.
(Pub. L. 94-462, title II, Sec. 221,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-297; amended Pub. L. 105-128, Sec. 4, Dec. 1, 1997,
111 Stat. 2548; Pub. L. 108-81, title II, Sec. 204,
Sept. 25, 2003, 117 Stat. 997.)
AMENDMENTS
2003 - Subsec. (b)(3). Pub. L. 108-81 amended heading
and text of par. (3) generally. Prior to amendment,
text read as follows: "(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
9123 of this title and not reserved under subsection
(a) of this section 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 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 subchapter in accordance
with the provisions of this subchapter 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 subchapter 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."
1997 - Subsec. (a)(1)(A). Pub. L. 105-128, Sec. 4(1),
substituted "1.75 percent" for "1 1/2
percent".
Subsec. (a)(1)(B). Pub. L. 105-128, Sec. 4(2), substituted
"3.75 percent" for "4 percent".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-81 effective Oct. 1, 2003,
see section 506 of Pub. L. 108-81, set out as a note
under section 9101 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9161, 9162 of
this title.
Sec. 9132. Administration
(a) In general
Not more than 4 percent of the total amount of funds
received under this subchapter for any fiscal year by
a State may be used for administrative costs.
(b) Construction
Nothing in this section shall be construed to limit
spending for evaluation costs under section 9134(c)
of this title from sources other than this subchapter.
(Pub. L. 94-462, title II, Sec. 222,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-298.)
Sec. 9133. Payments;
Federal share; and maintenance of effort requirements
(a) Payments
Subject to appropriations provided pursuant to section
9123 of this title, the Director shall pay to each State
library administrative agency having a State plan approved
under section 9134 of this title the Federal share of
the cost of the activities described in the State plan.
(b) Federal share
(1) In general
The Federal share shall be 66 percent.
(2) Non-Federal share
The non-Federal share of payments shall be provided
from non-Federal, State, or local sources.
(c) Maintenance of effort
(1) State expenditures
(A) Requirement
(i) In general
The amount otherwise payable to a State for a fiscal
year pursuant to an allotment under this part shall
be reduced if the level of State expenditures, as described
in paragraph (2), for the previous fiscal year is less
than the average of the total of such expenditures for
the 3 fiscal years preceding that previous fiscal year.
The amount of the reduction in the allotment for any
fiscal year shall be equal to the allotment multiplied
by a fraction -
(I) the numerator of which is the result obtained by
subtracting the level of such State expenditures for
the fiscal year for which the determination is made,
from the average of the total level of such State expenditures
for the 3 fiscal years preceding the fiscal year for
which the determination is made; and
(II) the denominator of which is the average of the
total level of such State expenditures for the 3 fiscal
years preceding the fiscal year for which the determination
is made.
(ii) Calculation
Any decrease in State expenditures resulting from the
application of subparagraph (B) shall be excluded from
the calculation of the average level of State expenditures
for any 3-year period described in clause (i).
(B) Decrease in Federal support
If the amount made available under this subchapter for
a fiscal year is less than the amount made available
under this subchapter for the preceding fiscal year,
then the expenditures required by subparagraph (A) for
such preceding fiscal year shall be decreased by the
same percentage as the percentage decrease in the amount
so made available.
(2) Level of State expenditures
The level of State expenditures for the purposes of
paragraph (1) shall include all State dollars expended
by the State library administrative agency for library
programs that are consistent with the purposes of this
subchapter. All funds included in the maintenance of
effort calculation under this subsection shall be expended
during the fiscal year for which the determination is
made, and shall not include capital expenditures, special
one-time project costs, or similar windfalls.
(3) Waiver
The Director may waive the requirements of paragraph
(1) if the Director determines that such a waiver would
be equitable due to exceptional or uncontrollable circumstances
such as a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State.
(Pub. L. 94-462, title II, Sec. 223,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-299; amended Pub. L. 105-128, Sec. 5, Dec. 1, 1997,
111 Stat. 2549.)
AMENDMENTS
1997 - Subsec. (c)(1)(A)(i). Pub. L. 105-128 amended
second sentence generally. Prior to amendment, second
sentence read as follows: "The amount of the reduction
in allotment for any fiscal year shall be equal to the
amount by which the level of such State expenditures
for the fiscal year for which the determination is made
is less than the average of the total of such expenditures
for the 3 fiscal years preceding the fiscal year for
which the determination is made."
Sec. 9134. State plans
(a) State plan required
(1) In general
In order to be eligible to receive a grant under this
subchapter, a State library administrative agency shall
submit a State plan to the Director once every 5 years,
as determined by the Director.
(2) Duration
The State plan shall cover a period of 5 fiscal years.
(3) Revisions
If a State library administrative agency makes a substantive
revision to its State plan, then the State library administrative
agency shall submit to the Director an amendment to
the State plan containing such revision not later than
April 1 of the fiscal year preceding the fiscal year
for which the amendment
will be effective.
(b) Contents
The State plan shall -
(1) establish goals, and specify priorities, for the
State consistent with the purposes of this subchapter;
(2) describe activities that are consistent with the
goals and priorities established under paragraph (1),
the purposes of this subchapter, and section 9141 of
this title, that the State library administrative agency
will carry out during such year using such grant;
(3) describe the procedures that such agency will use
to carry out the activities described in paragraph (2);
(4) describe the methodology that such agency will use
to evaluate the success of the activities established
under paragraph (2) in achieving the goals and meeting
the priorities described in paragraph (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 subchapter;
(6) provide assurances that the State will comply with
subsection (f) of this section; and
(7) provide assurances satisfactory to the Director
that such agency will make such reports, in such form
and containing such information, as the Director may
reasonably require to carry out this subchapter and
to determine the extent to which funds provided under
this subchapter have been effective in carrying out
the purposes of this subchapter.
(c) Evaluation and report
Each State library administrative agency receiving a
grant under this subchapter shall independently evaluate,
and report to the Director regarding, the activities
assisted under this subchapter, prior to the end of
the 5-year plan.
(d) Information
Each library receiving assistance under this subchapter
shall submit to the State library administrative agency
such information as such agency may require to meet
the requirements of subsection (c) of this section.
(e) Approval
(1) In general
The Director shall approve any State plan under this
subchapter that meets the requirements of this subchapter
and provides satisfactory assurances that the provisions
of such plan will be carried out.
(2) Public availability
Each State library administrative agency receiving a
grant under this subchapter shall make the State plan
available to the public.
(3) Administration
If the Director determines that the State plan does
not meet the requirements of this section, the Director
shall -
(A) immediately notify the State library administrative
agency of such determination and the reasons for such
determination;
(B) offer the State library administrative agency the
opportunity to revise its State plan;
(C) provide technical assistance in order to assist
the State library administrative agency in meeting the
requirements of this section; and
(D) provide the State library administrative agency
the opportunity for a hearing.
(f) Internet safety
(1) In general
No funds made available under this subchapter for a
library described in section 9122(1)(A) or (B) of this
title that does not receive services at discount rates
under section 254(h)(6) of title 47 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) such library -
(i) has in place a policy of Internet safety for minors
that includes the operation of a technology protection
measure with respect to any of its computers with Internet
access that protects against access through such computers
to visual depictions that are -
(I) obscene;
(II) child pornography; or
(III) harmful to minors; and
(ii) is enforcing the operation of such
technology protection measure during any use of such
computers by
minors; and
(B) such library -
(i) has in place a policy of Internet safety that includes
the operation of a technology protection measure with
respect to any of its computers with Internet access
that protects against access through such computers
to visual depictions that are -
(I) obscene; or
(II) child pornography; and
(ii) is enforcing the operation of such
technology protection measure during any use of such
computers.
(2) Access to other materials
Nothing in this subsection shall be construed to prohibit
a library from limiting Internet access to or otherwise
protecting against materials other than those referred
to in subclauses (I), (II), and (III) of paragraph (1)(A)(i).
(3) Disabling during certain use
An administrator, supervisor, or other authority may
disable a technology protection measure under paragraph
(1) to enable access for bona fide research or other
lawful purposes.
(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 subchapter
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 subchapter.
(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 subchapter, 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 subchapter, 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 subchapter 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 subchapter.
(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 (1) subchapter is failing to comply substantially
with the requirements of this subsection, the Director
may -
(i) withhold further payments to the
recipient under this subchapter,
(ii) issue a complaint to compel compliance of the recipient
through a cease and desist order, or
(iii) enter into a compliance agreement with a recipient
to bring it into compliance with such requirements.
(B) Recovery of funds prohibited
The actions authorized by subparagraph (A) are the exclusive
remedies available with respect to the failure of a
library to comply substantially with a provision of
this subsection, and the Director shall not seek a recovery
of funds from the recipient for such failure.
(C) Recommencement of payments
Whenever the Director determines (whether by certification
or other appropriate evidence) that a recipient of funds
who is subject to the withholding of payments under
subparagraph
(A)(i) has cured the failure providing the basis for
the
withholding of payments, the Director shall cease the
withholding of payments to the recipient under that
subparagraph.
(6) Separability
If any provision of this subsection is held invalid,
the remainder of this subsection shall not be affected
thereby.
(7) Definitions
In this subsection:
(A) Child pornography
The term "child pornography" has the meaning
given such term in section 2256 of title 18.
(B) Harmful to minors
The term "harmful to minors" means any picture,
image, graphic image file, or other visual depiction
that -
(i) taken as a whole and with respect to minors, appeals
to a prurient interest in nudity, sex, or excretion;
(ii) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors,
an actual or simulated sexual act or sexual contact,
actual or simulated normal or perverted sexual acts,
or a lewd exhibition of the genitals; and
(iii) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.
(C) Minor
The term "minor" means an individual who has
not attained the age of 17.
(D) Obscene
The term "obscene" has the meaning applicable
to such term in section 1460 of title 18.
(E) Sexual act; sexual contact
The terms "sexual act" and "sexual contact"
have the meanings given such terms in section 2246 of
title 18.
(Pub. L. 94-462, title II, Sec. 224,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-300; amended Pub. L. 106-554, Sec. 1(a)(4) [div.
B, title XVII, Sec. 1712(a)], Dec. 21, 2000, 114 Stat.
2763, 2763A-340; Pub. L. 108-81, title II, Sec. 205,
title V, Sec. 504(f), Sept. 25, 2003, 117 Stat. 999,
1004.)
REFERENCES IN TEXT
For the effective date of this subsection, referred
to in subsec. (f)(4), as 120 days after Dec. 21, 2000,
see Sec. 1(a)(4) [div. B, title XVII, Sec. 1712(b)]
of Pub. L. 106-554, set out as an Effective Date of
2000 Amendment note below.
The General Education Provisions Act, referred to in
subsec. (f)(5)(A), is title IV of Pub. L. 90-247, Jan.
2, 1968, 81 Stat. 814, as amended, which is classified
generally to chapter 31 (Sec. 1221 et seq.) of this
title. For complete classification of this Act to the
Code, see section 1221 of this title and Tables.
AMENDMENTS
2003 -
Subsec. (a)(1). Pub. L. 108-81, Sec. 205(1), substituted
"once every 5 years, as determined by the Director."
for "not later than April 1, 1997."
Subsec. (b)(5). Pub. L. 108-81, Sec. 504(f), struck
out "and" at end.
Subsec. (f). Pub. L. 108-81, Sec. 205(2)(A), substituted
"this subchapter" for "this chapter"
wherever appearing.
Subsec. (f)(1). Pub. L. 108-81, Sec. 205(2)(B), substituted
"section 9122(1)(A) or (B)" for "9122(2)(A)
or (B)" and made technical amendment to reference
in original act which appears in text as reference to
section 254(h)(6) of title 47.
Subsec. (f)(7). Pub. L. 108-81, Sec. 205(2)(C)(i), substituted
"subsection:" for "section:" in
introductory provisions.
Subsec. (f)(7)(D). Pub. L. 108-81, Sec. 205(2)(C)(ii),
substituted "applicable to" for "given".
2000 -
Subsec. (b)(6), (7). Pub. L. 106-554, Sec. 1(a)(4) [div.
B, title XVII, Sec. 1712(a)(1)], added par. (6) and
redesignated former par. (6) as (7).
Subsec. (f). Pub. L. 106-554, Sec. 1(a)(4) [div. B,
title XVII, Sec. 1712(a)(2)], added subsec. (f).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec.
1712(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-343,
provided that: "The amendment made by this section
[amending this section] shall take effect 120 days after
the date of the enactment of this Act [Dec. 21, 2000]."
AVAILABILITY OF CERTAIN FUNDS FOR ACQUISITION
OF TECHNOLOGY PROTECTION MEASURES
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec.
1721(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A-350,
provided that:
"(1) In general. - Notwithstanding any other provision
of law, funds available under section 3134 [former 20
U.S.C. 6844] or part A of title VI of the Elementary
and Secondary Education Act of 1965 [former 20 U.S.C.
7311 et seq.], or under section 231 of the Library Services
and Technology Act [20 U.S.C. 9141], may be used for
the purchase or acquisition of technology protection
measures that are necessary to meet the requirements
of this title [see Short Title of 2000 Amendments note
set out under section 6301 of this title] and the amendments
made by this title. No other sources of funds for the
purchase or acquisition of such measures are authorized
by this title, or the amendments made by this title.
"(2) Technology protection measure defined. - In
this section, the term 'technology protection measure'
has the meaning given that term in section 1703 [set
out as a note under section 902 of Title 47, Telegraphs,
Telephones, and Radiotelegraphs]."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9132, 9133 of
this title.
-FOOTNOTE-
(!1) So in original. Probably should be preceded by
"under".
PART 2 - LIBRARY PROGRAMS
Sec. 9141. Grants to
States
(a) In general
Of the funds provided to a State library administrative
agency under section 9123 of this title, such agency
shall expend, either directly or through subgrants or
cooperative agreements, at least 96 percent of such
funds 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 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
9902(2) of title 42) applicable to a family of the size
involved.
(b) Special rule
Each State library administrative agency receiving funds
under this part may apportion the funds available for
the purposes described in subsection (a) of this section
among such purposes, as appropriate, to meet the needs
of the individual State.
(Pub. L. 94-462, title II, Sec. 231,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-301; amended Pub. L. 108-81, title II, Sec. 206,
Sept. 25, 2003, 117 Stat. 999.)
AMENDMENTS
2003 - Subsec. (a)(1) to (6). Pub. L. 108-81, Sec. 206(1),
added pars. (1) to (6) and struck out former pars. (1)
and (2) which read as follows:
"(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 9902(2) of title 42) applicable to a family
of the size involved."
Subsec. (b). Pub. L. 108-81, Sec. 206(2), substituted
"among such purposes," for "between the
two purposes described in paragraphs (1) and (2) of
such subsection,".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9134, 9161 of
this title.
PART 3 - ADMINISTRATIVE PROVISIONS
SUBPART A - STATE REQUIREMENTS
Sec. 9151. State advisory
councils
Each State desiring assistance under
this subchapter may establish a State advisory council
which is broadly representative of the library entities
in the State, including public, school, academic, special,
and institutional libraries, and libraries serving individuals
with disabilities.
(Pub. L. 94-462, title II, Sec. 251,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-301.)
SUBPART B - FEDERAL REQUIREMENTS
Sec. 9161. Services
for Native Americans
From amounts reserved under section 9131(a)(1)(A)
of this title for any fiscal year the Director shall
award grants to Indian tribes and to organizations that
primarily serve and represent Native Hawaiians (as the
term is defined in section 7517 of this title) to enable
such tribes and organizations to carry out the activities
described in section 9141 of this title.
(Pub. L. 94-462, title II, Sec. 261,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-302; amended Pub. L. 105-128, Sec. 6, Dec. 1, 1997,
111 Stat. 2549; Pub. L. 107-110, title VII, Sec. 702(d),
Jan. 8, 2002, 115 Stat. 1947.)
AMENDMENTS
2002 - Pub. L. 107-110 substituted "7517"
for "7912". 1997 - Pub. L. 105-128 substituted
"Native Americans" for "Indian tribes"
in section catchline and in text substituted "to
Indian tribes and to organizations that primarily serve
and represent Native Hawaiians (as the term is defined
in section 7912 of this title) to enable such tribes
and organizations" for "to organizations primarily
serving and representing Indian tribes to enable such
organizations".
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-110 effective Jan. 8, 2002,
except with respect to certain noncompetitive programs
and competitive programs, see section 5 of Pub. L. 107-110,
set out as an Effective Date note under section 6301
of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9131 of this
title.
Sec. 9162. National
leadership grants, contracts, or cooperative agreements
(a) In general
From the amounts reserved under section 9131(a)(1)(B)
of this title 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, 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;
(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) preserving or digitization of library materials
and resources, giving priority to projects emphasizing
coordination, avoidance of duplication, and access by
researchers beyond the institution or library entity
undertaking the project; and
(4) model programs demonstrating cooperative efforts
between libraries and museums.
(b) Grants, contracts, or cooperative agreements
(1) In general
The Director may carry out the activities described
in subsection (a) of this section by awarding grants
to, or entering into contracts or cooperative agreements
with, libraries, agencies, institutions of higher education,
or museums, where appropriate.
(2) Competitive basis
Grants, contracts, and cooperative agreements under
this section shall be awarded on a competitive basis.
(c) Special rule
The Director shall make every effort to ensure that
activities assisted under this section are administered
by appropriate library and museum professionals or experts.
(Pub. L. 94-462, title II, Sec. 262,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-302; amended Pub. L. 105-128, Secs. 7, 8, Dec.
1, 1997, 111 Stat. 2549, 2550; Pub. L. 108-81, title
II, Sec. 207, title V, Sec. 504(g), Sept. 25, 2003,
117 Stat. 1000, 1004.)
AMENDMENTS
2003 - Subsec. (a)(1). Pub. L. 108-81, Sec. 207, substituted
"education, recruitment, and training" for
"education and training".
Subsec. (b)(1). Pub. L. 108-81, Sec. 504(g), substituted
"cooperative agreements with," for "cooperative
agreements, with,".
1997 - Pub. L. 105-128, Sec. 7(1), substituted section
catchline for former catchline which read as follows:
"National leadership grants or contracts".
Subsec. (a). Pub. L. 105-128, Sec. 7(2), in introductory
provisions, substituted "program of awarding grants
or entering into contracts or cooperative agreements"
for "program awarding national leadership grants
or contracts" and "Such grants, contracts,
and cooperative agreements" for "Such grants
or contracts".
Subsec. (a)(3). Pub. L. 105-128, Sec. 8, substituted
"preserving or digitization" for "preservation
of digitization".
Subsec. (b). Pub. L. 105-128, Sec. 7(3)(A), substituted
heading for former heading which read as follows: "Grants
or contracts".
Subsec. (b)(1). Pub. L. 105-128, Sec. 7(3)(B), inserted
"or cooperative agreements," after "contracts".
Subsec. (b)(2). Pub. L. 105-128, Sec. 7(3)(C), substituted
"Grants, contracts, and cooperative agreements"
for "Grants and contracts".
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9131 of this
title.
Sec. 9163. State and
local initiatives
Nothing in this subchapter shall be construed
to interfere with State and local initiatives and responsibility
in the conduct of library services. The administration
of libraries, the selection of personnel and library
books and materials, and insofar as consistent with
the purposes of this subchapter, the determination of
the best uses of the funds provided under this subchapter,
shall be reserved for the States and their local subdivisions.
(Pub. L. 94-462, title II, Sec. 263,
as added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-302.)
SUBCHAPTER
III - MUSEUM SERVICES
Sec. 9171. Purpose
It is the purpose of this subchapter
-
(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.
(Pub. L. 94-462, title II, Sec. 272,
formerly Sec. 271, as added Pub. L. 104-208, div. A,
title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30,
1996, 110 Stat. 3009-233, 3009-302; renumbered Sec.
272 and amended Pub. L. 108-81, title III, Secs. 301,
306(1), Sept. 25, 2003, 117 Stat. 1000, 1002.)
PRIOR PROVISIONS
A prior section 272 of Pub. L. 94-462 was renumbered
section 273 and is classified to section 9172 of this
title.
AMENDMENTS
2003 - Pub. L. 108-81, Sec. 301, amended section catchline
and text generally. Prior to amendment, text read as
follows: "It is the purpose of this subchapter
-
"(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."
Sec. 9172. Definitions
As used in this subchapter:
(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.
(2) State
The term "State" means 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.
(Pub. L. 94-462, title II, Sec. 273,
formerly Sec. 272, as added Pub. L. 104-208, div. A,
title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30,
1996, 110 Stat. 3009-233, 3009-303; renumbered Sec.
273 and amended Pub. L. 108-81, title III, Secs. 302,
306(1), Sept. 25, 2003, 117 Stat. 1000, 1002.)
PRIOR PROVISIONS
A prior section 273 of Pub. L. 94-462 was renumbered
section 274 and is classified to section 9173 of this
title.
AMENDMENTS
2003 - Par. (1). Pub. L. 108-81, Sec. 302, inserted
at end: "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. 9173. 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, with museums and other
entities as the Director considers appropriate, to pay
the Federal share of the cost of -
(1) supporting 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) supporting 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) supporting 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) stimulating greater collaboration among museums,
libraries, schools, and other community organizations
in order to share resources and strengthen communities;
(5) encouraging the use of new technologies and broadcast
media to enhance access to museum collections, programs,
and services;
(6) supporting museums in providing services to people
of diverse geographic, cultural, and socioeconomic backgrounds
and to individuals with disabilities;
(7) supporting 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) supporting 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) supporting museums in research, program evaluation,
and the collection and dissemination of information
to museum professionals and the public; and
(10) encouraging, supporting, and disseminating 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) of this section 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 subchapter for a fiscal
year to enter into arrangements under subsection (a)
of this section 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) of this section entered into under this subchapter.
(2) Applications for technical assistance
(A) In general
The Director may use not more than 10 percent of the
funds appropriated to carry out this subchapter 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 9176 of this
title, 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 7517 of this title), to enable such tribes and
organizations to carry out the activities described
in subsection (a) of this section.
(Pub. L. 94-462, title II, Sec. 274,
formerly Sec. 273, as added Pub. L. 104-208, div. A,
title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30,
1996, 110 Stat. 3009-233, 3009-303; renumbered Sec.
274 and amended Pub. L. 108-81, title III, Secs. 303,
306(1), Sept. 25, 2003, 117 Stat. 1000, 1002.)
PRIOR PROVISIONS
A prior section 274 of Pub. L. 94-462 was classified
to section 9174 of this title, prior to repeal by Pub.
L. 108-81.
AMENDMENTS
2003 - Pub. L. 108-81, Sec. 303, amended section catchline
and text generally. Prior to amendment, section contained
provisions which in subsec. (a) authorized the Director
to make grants to museums to pay for the Federal share
of the cost of increasing and improving museum services,
in subsec. (b) authorized the Director to enter into
contracts and cooperative agreements with appropriate
entities to pay for the Federal share of enabling the
entities to undertake projects designed to strengthen
museum services, in subsec. (c) established the Federal
share, and in subsec. (d) required the Director to establish
procedures for reviewing and evaluating grants, contracts,
and cooperative agreements entered into under this subchapter.
Secs. 9174, 9175. Repealed.
Pub. L. 108-81, title III, Sec. 304, Sept. 25, 2003,
117 Stat. 1002
Section 9174, Pub. L. 94-462, title II,
Sec. 274, as added Pub. L. 104-208, div. A, title I,
Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-304, related to National Award
for Museum Service.
Section 9175, Pub. L. 94-462, title II, Sec. 275, as
added Pub. L. 104-208, div. A, title I, Sec. 101(e)
[title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 3009-233,
3009-304, related to National Museum Services Board.
Sec. 9176. Authorization
of appropriations
(a) Grants
For the purpose of carrying out this subchapter, there
are authorized to be appropriated to the Director $38,600,000
for fiscal year 2004 and such sums as may be necessary
for fiscal years 2005 through 2009.
(b) Administration
Not more than 10 percent of the funds appropriated under
this section for a fiscal year may be used to pay for
the administrative costs of carrying out this subchapter.
(c) Sums remaining available
Sums appropriated pursuant to subsection (a) of this
section for any fiscal year shall remain available for
obligation until expended.
(Pub. L. 94-462, title II, Sec. 275,
formerly Sec. 276, as added Pub. L. 104-208, div. A,
title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30,
1996, 110 Stat. 3009-233, 3009-306; renumbered Sec.
275 and amended Pub. L. 108-81, title III, Sec. 305,
Sept. 25, 2003, 117 Stat. 1002.)
PRIOR PROVISIONS
A prior section 275 of Pub. L. 94-462 was classified
to section 9175 of this title, prior to repeal by Pub.
L. 108-81.
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-81, Sec. 305(1), substituted
"$38,600,000 for fiscal year 2004 and such sums
as may be necessary for fiscal years 2005 through 2009."
for "$28,700,000 for the fiscal year 1997, and
such sums as may be necessary for each of the fiscal
years 1998 through 2002."
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-81 effective Oct. 1, 2003,
see section 506 of Pub. L. 108-81, set out as a note
under section 9101 of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9108, 9173 of
this title. |