US (United States) Code. Title 20. Chapter 72: Museum and library services

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 72 - MUSEUM AND LIBRARY SERVICES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

.

-HEAD-

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

9101. General definitions.

9102. Institute of Museum and Library Services.

(a) Establishment.

(b) Offices.

9103. Director of Institute.

(a) Appointment.

(b) Compensation.

(c) Duties and powers.

(d) Nondelegation.

(e) Coordination.

9104. Deputy Directors.

9105. Personnel.

(a) In general.

(b) Appointment and compensation of technical and

professional employees.

(c) Voluntary services.

9106. Contributions.

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

9121. Purpose.

9122. Definitions.

9123. Authorization of appropriations.

(a) Authorization of appropriations.

(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) Grants.

(b) Contracts and cooperative agreements.

(c) Federal share.

(d) Review and evaluation.

9174. Award.

9175. National Museum Services Board.

(a) Establishment.

(b) Composition and qualifications.

(c) Terms.

(d) Duties and powers.

(e) Chairperson.

(f) Meetings.

(g) Quorum.

(h) Compensation and travel expenses.

(i) Coordination.

9176. Authorization of appropriations.

(a) Grants.

(b) Administration.

(c) Sums remaining available.

-COD-

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, Sec. 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, Sec. 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.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1504 of this title.

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20 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

20 USC Sec. 9101 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9101. General definitions

-STATUTE-

As used in this chapter:

(1) Commission

The term ''Commission'' means the National Commission on

Libraries and Information Science established under section 1502

of this title.

(2) Director

The term ''Director'' means the Director of the Institute

appointed under section 9103 of this title.

(3) Institute

The term ''Institute'' means the Institute of Museum and

Library Services established under section 9102 of this title.

(4) Museum Board

The term ''Museum Board'' means the National Museum Services

Board established under section 9175 of this title.

-SOURCE-

(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.)

-MISC1-

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.

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

Section 101(e) (title VII, Sec. 701) of title I of div. A of

Pub. L. 104-208 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'.''

Section 201 of title II of Pub. L. 94-462, 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'.''

Section 211 of title II of Pub. L. 94-462, 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 (Sec. 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'.''

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20 USC Sec. 9102 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9102. Institute of Museum and Library Services

-STATUTE-

(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. There shall be a National Museum

Services Board in the Office of Museum Services.

-SOURCE-

(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.)

-MISC1-

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.

TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM SERVICES

Section 101(e) (title VII, Sec. 704) of Pub. L. 104-208 provided

that:

''(a) Definitions. - For purposes of this section, unless

otherwise provided or indicated by the context -

''(1) the term 'Federal agency' has the meaning given to the

term 'agency' by section 551(1) of title 5, United States Code;

''(2) the term 'function' means any duty, obligation, power,

authority, responsibility, right, privilege, activity, or

program; and

''(3) the term 'office' includes any office, administration,

agency, institute, unit, organizational entity, or component

thereof.

''(b) Transfer of Functions From the Institute of Museum Services

and the Library Program Office. - There are transferred to the

Director of the Institute of Museum and Library Services

established under section 203 of the Museum and Library Services

Act (20 U.S.C. 9102) -

''(1) all functions that the Director of the Institute of

Museum Services exercised before the date of enactment of this

section (Sept. 30, 1996) (including all related functions of any

officer or employee of the Institute of Museum Services); and

''(2) all functions that the Director of Library Programs in

the Office of Educational Research and Improvement in the

Department of Education exercised before the date of enactment of

this section and any related function of any officer or employee

of the Department of Education.

''(c) Determinations of Certain Functions by the Office of

Management and Budget. - If necessary, the Office of Management and

Budget shall make any determination of the functions that are

transferred under subsection (b).

''(d) Delegation and Assignment. - Except where otherwise

expressly prohibited by law or otherwise provided by this section,

the Director of the Institute of Museum and Library Services may

delegate any of the functions transferred to the Director of the

Institute of Museum and Library Services by this section and any

function transferred or granted to such Director of the Institute

of Museum and Library Services after the effective date of this

section (Sept. 30, 1996) to such officers and employees of the

Institute of Museum and Library Services as the Director of the

Institute of Museum and Library Services may designate, and may

authorize successive redelegations of such functions as may be

necessary or appropriate, except that any delegation of any such

functions with respect to libraries shall be made to the Deputy

Director of the Office of Library Services and with respect to

museums shall be made to the Deputy Director of the Office of

Museum Services. No delegation of functions by the Director of the

Institute of Museum and Library Services under this section or

under any other provision of this section shall relieve such

Director of the Institute of Museum and Library Services of

responsibility for the administration of such functions.

''(e) Reorganization. - The Director of the Institute of Museum

and Library Services may allocate or reallocate any function

transferred under subsection (b) among the officers of the

Institute of Museum and Library Services, and may establish,

consolidate, alter, or discontinue such organizational entities in

the Institute of Museum and Library Services as may be necessary or

appropriate.

''(f) Rules. - The Director of the Institute of Museum and

Library Services may prescribe, in accordance with chapters 5 and 6

of title 5, United States Code, such rules and regulations as the

Director of the Institute of Museum and Library Services determines

to be necessary or appropriate to administer and manage the

functions of the Institute of Museum and Library Services.

''(g) Transfer and Allocations of Appropriations and Personnel. -

Except as otherwise provided in this section, the personnel

employed in connection with, and the assets, liabilities,

contracts, property, records, and unexpended balances of

appropriations, authorizations, allocations, and other funds

employed, used, held, arising from, available to, or to be made

available in connection with the functions transferred by this

section, subject to section 1531 of title 31, United States Code,

shall be transferred to the Institute of Museum and Library

Services. Unexpended funds transferred pursuant to this subsection

shall be used only for the purposes for which the funds were

originally authorized and appropriated.

''(h) Incidental Transfers. - The Director of the Office of

Management and Budget, at such time or times as the Director shall

provide, may make such determinations as may be necessary with

regard to the functions transferred by this section, and make such

additional incidental dispositions of personnel, assets,

liabilities, grants, contracts, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other

funds held, used, arising from, available to, or to be made

available in connection with such functions, as may be necessary to

carry out this section. The Director of the Office of Management

and Budget shall provide for the termination of the affairs of all

entities terminated by this section and for such further measures

and dispositions as may be necessary to effectuate the purposes of

this section.

''(i) Effect on Personnel. -

''(1) In general. - Except as otherwise provided by this

section, the transfer pursuant to this section of full-time

personnel (except special Government employees) and part-time

personnel holding permanent positions shall not cause any such

employee to be separated or reduced in grade or compensation for

1 year after the date of transfer of such employee under this

section.

''(2) Executive schedule positions. - Except as otherwise

provided in this section, any person who, on the day preceding

the effective date of this section (Sept. 30, 1996), held a

position compensated in accordance with the Executive Schedule

prescribed in chapter 53 of title 5, United States Code, and who,

without a break in service, is appointed in the Institute of

Museum and Library Services to a position having duties

comparable to the duties performed immediately preceding such

appointment shall continue to be compensated in such new position

at not less than the rate provided for such previous position,

for the duration of the service of such person in such new

position.

''(j) Savings Provisions. -

''(1) Continuing effect of legal documents. - All orders,

determinations, rules, regulations, permits, agreements, grants,

contracts, certificates, licenses, registrations, privileges, and

other administrative actions -

''(A) that have been issued, made, granted, or allowed to

become effective by the President, any Federal agency or

official of a Federal agency, or by a court of competent

jurisdiction, in the performance of functions that are

transferred under this section; and

''(B) that were in effect before the effective date of this

section (Sept. 30, 1996), or were final before the effective

date of this section and are to become effective on or after

the effective date of this section;

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the President, the Director of the Institute of Museum and

Library Services or other authorized official, a court of

competent jurisdiction, or by operation of law.

''(2) Proceedings not affected. - This section shall not affect

any proceedings, including notices of proposed rulemaking, or any

application for any license, permit, certificate, or financial

assistance pending before the Institute of Museum Services on the

effective date of this section, with respect to functions

transferred by this section. Such proceedings and applications

shall be continued. Orders shall be issued in such proceedings,

appeals shall be taken from the orders, and payments shall be

made pursuant to the orders, as if this section had not been

enacted, and orders issued in any such proceedings shall continue

in effect until modified, terminated, superseded, or revoked by a

duly authorized official, by a court of competent jurisdiction,

or by operation of law. Nothing in this paragraph shall be

construed to prohibit the discontinuance or modification of any

such proceeding under the same terms and conditions and to the

same extent that such proceeding could have been discontinued or

modified if this section had not been enacted.

''(3) Suits not affected. - This section shall not affect suits

commenced before the effective date of this section, and in all

such suits, proceedings shall be had, appeals taken, and

judgments rendered in the same manner and with the same effect as

if this section had not been enacted.

''(4) Nonabatement of actions. - No suit, action, or other

proceeding commenced by or against the Institute of Museum

Services, or by or against any individual in the official

capacity of such individual as an officer of the Institute of

Museum Services, shall abate by reason of the enactment of this

section.

''(5) Administrative actions relating to promulgation of

regulations. - Any administrative action relating to the

preparation or promulgation of a regulation by the Institute of

Museum Services relating to a function transferred under this

section may be continued by the Institute of Museum and Library

Services with the same effect as if this section had not been

enacted.

''(k) Transition. - The Director of the Institute of Museum and

Library Services may utilize -

''(1) the services of such officers, employees, and other

personnel of the Institute of Museum Services with respect to

functions transferred to the Institute of Museum and Library

Services by this section; and

''(2) funds appropriated to such functions for such period of

time as may reasonably be needed to facilitate the orderly

implementation of this section.

''(l) References. - A reference in any other Federal law,

Executive order, rule, regulation, or delegation of authority, or

any document of or relating to -

''(1) the Director of the Institute of Museum Services with

regard to functions transferred under subsection (b), shall be

deemed to refer to the Director of the Institute of Museum and

Library Services; and

''(2) the Institute of Museum Services with regard to functions

transferred under subsection (b), shall be deemed to refer to the

Institute of Museum and Library Services.

''(m) Additional Conforming Amendments. -

''(1) Recommended legislation. - After consultation with the

appropriate committees of Congress and the Director of the Office

of Management and Budget, the Director of the Institute of Museum

and Library Services shall prepare and submit to the appropriate

committees of Congress recommended legislation containing

technical and conforming amendments to reflect the changes made

by this section.

''(2) Submission to congress. - Not later than 6 months after

the effective date of this section (Sept. 30, 1996), the Director

of the Institute of Museum and Library Services shall submit to

the appropriate committees of Congress the recommended

legislation referred to under paragraph (1).''

TRANSITION AND TRANSFER OF FUNDS

Section 101(e) (title VII, Sec. 707) of title I of div. A of

Pub. L. 104-208 provided that:

''(a) Transition. - The Director of the Office of Management and

Budget shall take appropriate measures to ensure an orderly

transition from the activities previously administered by the

Director of Library Programs in the Office of Educational Research

and Improvement in the Department of Education to the activities

administered by the Institute for Museum and Library Services under

this Act (probably should be ''this title'' meaning section 101(e)

(title VII) of div. A of Pub. L. 104-208, see Short Title note set

out under section 9101 of this title). Such measures may include

the transfer of appropriated funds.

''(b) Transfer. - From any amounts available to the Secretary of

Education for salaries and expenses at the Department of Education,

the Secretary of Education shall transfer to the Director the

amount of funds necessary to ensure the orderly transition from

activities previously administered by the Director of the Office of

Library Programs in the Office of Educational Research and

Improvement in the Department of Education to the activities

administered by the Institute for Museum and Library Services. In

no event shall the amount of funds transferred pursuant to the

preceding sentence be less than $200,000.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9101 of this title.

-CITE-

20 USC Sec. 9103 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9103. Director of Institute

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

SERVICE OF INDIVIDUALS SERVING ON SEPTEMBER 30, 1996

Section 101(e) (title VII, Sec. 705) of div. A of Pub. L.

104-208 provided that: ''Notwithstanding section 204 of the Museum

and Library Services Act (20 U.S.C. 9103), the individual who was

appointed to the position of Director of the Institute of Museum

Services under section 205 of the Museum Services Act (former 20

U.S.C. 964) (as such section was in effect on the day before the

date of enactment of this Act (Sept. 30, 1996)) and who is serving

in such position on the day before the date of enactment of this

Act shall serve as the first Director of the Institute of Museum

and Library Services under section 204 of the Museum and Library

Services Act (as added by section 2 of this Act (probably means

section 101(e) (title VII, Sec. 702) of title I of div. A of Pub.

L. 104-208 which enacted this chapter)), and shall serve at the

pleasure of the President.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9101 of this title.

-CITE-

20 USC Sec. 9104 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9104. Deputy Directors

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

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.

-CITE-

20 USC Sec. 9105 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9105. Personnel

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC2-

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

Section 101(e) (title VII, Sec. 706) of div. A of Pub. L.

104-208 provided that: ''Consistent with title 5, United States

Code, in appointing employees of the Office of Library Services,

the Director of the Institute of Museum and Library Services shall

give strong consideration to individuals with experience in

administering State-based and national library and information

services programs.''

-CITE-

20 USC Sec. 9106 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9106. Contributions

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-462, title II, 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.)

-MISC1-

PRIOR PROVISIONS

A 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.

-CITE-

20 USC SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

.

-HEAD-

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 47 section 254.

-CITE-

20 USC Sec. 9121 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

-HEAD-

Sec. 9121. Purpose

-STATUTE-

It is the purpose of this subchapter -

(1) to consolidate Federal library service programs;

(2) to stimulate excellence and promote access to learning and

information resources in all types of libraries for individuals

of all ages;

(3) to promote library services that provide all users access

to information through State, regional, national and

international electronic networks;

(4) to provide linkages among and between libraries; and

(5) to promote targeted library services to people of diverse

geographic, cultural, and socioeconomic backgrounds, to

individuals with disabilities, and to people with limited

functional literacy or information skills.

-SOURCE-

(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.)

-CITE-

20 USC Sec. 9122 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

-HEAD-

Sec. 9122. Definitions

-STATUTE-

As used in this subchapter:

(1) Indian tribe

The term ''Indian tribe'' means any tribe, band, nation, or

other organized group or community, including any Alaska native

village, regional corporation, or village corporation, as defined

in or established pursuant to the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.), which is recognized by the

Secretary of the Interior as eligible for the special programs

and services provided by the United States to Indians because of

their status as Indians.

(2) 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.

(3) Library consortium

The term ''library consortium'' means any local, statewide,

regional, interstate, or international cooperative association of

library entities which provides for the systematic and effective

coordination of the resources of school, public, academic, and

special libraries and information centers, for improved services

for the clientele of such library entities.

(4) State

The term ''State'', unless otherwise specified, includes each

of the 50 States of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the United States Virgin

Islands, Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau.

(5) State library administrative agency

The term ''State library administrative agency'' means the

official agency of a State charged by the law of the State with

the extension and development of public library services

throughout the State.

(6) 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.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par. (1),

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.

-MISC2-

AMENDMENTS

1997 - Par. (2)(E). Pub. L. 105-128 inserted ''or other special

library'' after ''a private library'' and ''or special'' after

''such private''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9134 of this title; title

26 section 170.

-CITE-

20 USC Sec. 9123 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

-HEAD-

Sec. 9123. Authorization of appropriations

-STATUTE-

(a) Authorization of appropriations

(1) In general

There are authorized to be appropriated $150,000,000 for fiscal

year 1997 and such sums as may be necessary for each of the

fiscal years 1998 through 2002 to carry out this 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).

(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 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.

-SOURCE-

(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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9131, 9133, 9141 of this

title.

-CITE-

20 USC Part 1 - Basic Program Requirements 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 1 - Basic Program Requirements

.

-HEAD-

Part 1 - Basic Program Requirements

-CITE-

20 USC Sec. 9131 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 1 - Basic Program Requirements

-HEAD-

Sec. 9131. Reservations and allotments

-STATUTE-

(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 allotment

(A) In general

For the purposes of this subsection, the minimum allotment

for each State shall be $340,000, except that the minimum

allotment shall be $40,000 in the case of the United States

Virgin Islands, Guam, American Samoa, the Commonwealth of the

Northern Mariana Islands, the Republic of the Marshall Islands,

the Federated States of Micronesia, and the Republic of Palau.

(B) Ratable reductions

If the sum appropriated under the authority of section 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.

(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.

-SOURCE-

(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.)

-MISC1-

AMENDMENTS

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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9161, 9162 of this title.

-CITE-

20 USC Sec. 9132 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 1 - Basic Program Requirements

-HEAD-

Sec. 9132. Administration

-STATUTE-

(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.

-SOURCE-

(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.)

-CITE-

20 USC Sec. 9133 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 1 - Basic Program Requirements

-HEAD-

Sec. 9133. Payments; Federal share; and maintenance of effort

requirements

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.''

-CITE-

20 USC Sec. 9134 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 1 - Basic Program Requirements

-HEAD-

Sec. 9134. State plans

-STATUTE-

(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 not later than April 1, 1997.

(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; and

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. The word ''and'' probably should

not appear.

(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 chapter for a library

described in section 9122(2)(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 chapter 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 chapter.

(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 chapter, 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 chapter, 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 chapter 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 chapter.

(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

(FOOTNOTE 2) chapter is failing to comply substantially with

the requirements of this subsection, the Director may -

(FOOTNOTE 2) So in original. Probably should be preceded by

''under''.

(i) withhold further payments to the recipient under this

chapter,

(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 section:

(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 given 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.

-SOURCE-

(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.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (f)(1), (4), (5)(A), 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.

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.

-MISC2-

AMENDMENTS

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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9132, 9133 of this title.

-CITE-

20 USC Part 2 - Library Programs 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 2 - Library Programs

.

-HEAD-

Part 2 - Library Programs

-CITE-

20 USC Sec. 9141 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 2 - Library Programs

-HEAD-

Sec. 9141. Grants to States

-STATUTE-

(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)(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.

(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 between the two

purposes described in paragraphs (1) and (2) of such subsection, as

appropriate, to meet the needs of the individual State.

-SOURCE-

(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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9134, 9161 of this title.

-CITE-

20 USC Part 3 - Administrative Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

.

-HEAD-

Part 3 - Administrative Provisions

-CITE-

20 USC subpart a - state requirements 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

subpart a - state requirements

.

-HEAD-

subpart a - state requirements

-CITE-

20 USC Sec. 9151 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

subpart a - state requirements

-HEAD-

Sec. 9151. State advisory councils

-STATUTE-

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.

-SOURCE-

(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.)

-CITE-

20 USC subpart b - federal requirements 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

subpart b - federal requirements

.

-HEAD-

subpart b - federal requirements

-CITE-

20 USC Sec. 9161 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

subpart b - federal requirements

-HEAD-

Sec. 9161. Services for Native Americans

-STATUTE-

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.

-SOURCE-

(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.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9131 of this title.

-CITE-

20 USC Sec. 9162 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

subpart b - federal requirements

-HEAD-

Sec. 9162. National leadership grants, contracts, or cooperative

agreements

-STATUTE-

(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 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, (FOOTNOTE 1) with,

libraries, agencies, institutions of higher education, or

museums, where appropriate.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(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.

-SOURCE-

(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, Sec.

7, 8, Dec. 1, 1997, 111 Stat. 2549, 2550.)

-MISC1-

AMENDMENTS

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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1504, 9131, 9175 of this

title.

-CITE-

20 USC Sec. 9163 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

Part 3 - Administrative Provisions

subpart b - federal requirements

-HEAD-

Sec. 9163. State and local initiatives

-STATUTE-

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.

-SOURCE-

(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.)

-CITE-

20 USC SUBCHAPTER III - MUSEUM SERVICES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

.

-HEAD-

SUBCHAPTER III - MUSEUM SERVICES

-CITE-

20 USC Sec. 9171 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

-HEAD-

Sec. 9171. Purpose

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-462, title II, 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.)

-CITE-

20 USC Sec. 9172 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

-HEAD-

Sec. 9172. Definitions

-STATUTE-

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.

(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.

-SOURCE-

(Pub. L. 94-462, title II, 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.)

-CITE-

20 USC Sec. 9173 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

-HEAD-

Sec. 9173. Museum services activities

-STATUTE-

(a) Grants

The Director, subject to the policy direction of the Museum

Board, may make grants to museums to pay for the Federal share of

the cost of increasing and improving museum services, through such

activities as -

(1) programs that enable museums to construct or install

displays, interpretations, and exhibitions in order to improve

museum services provided to the public;

(2) assisting museums in developing and maintaining

professionally trained or otherwise experienced staff to meet the

needs of the museums;

(3) assisting museums in meeting the administrative costs of

preserving and maintaining the collections of the museums,

exhibiting the collections to the public, and providing

educational programs to the public through the use of the

collections;

(4) assisting museums in cooperating with each other in

developing traveling exhibitions, meeting transportation costs,

and identifying and locating collections available for loan;

(5) assisting museums in the conservation of their collections;

(6) developing and carrying out specialized programs for

specific segments of the public, such as programs for urban

neighborhoods, rural areas, Indian reservations, and penal and

other State institutions; and

(7) model programs demonstrating cooperative efforts between

libraries and museums.

(b) Contracts and cooperative agreements

(1) Projects to strengthen museum services

The Director, subject to the policy direction of the Museum

Board, is authorized to enter into contracts and cooperative

agreements with appropriate entities, as determined by the

Director, to pay for the Federal share of enabling the entities

to undertake projects designed to strengthen museum services,

except that any contracts or cooperative agreements entered into

pursuant to this subsection shall be effective only to such

extent or in such amounts as are provided in appropriations Acts.

(2) Limitation on amount

The aggregate amount of financial assistance made available

under this subsection for a fiscal year shall not exceed 15

percent of the amount appropriated under this subchapter for such

fiscal year.

(3) Operational expenses

No financial assistance may be provided under this subsection

to pay for operational expenses.

(c) Federal share

(1) 50 percent

Except as provided in paragraph (2), the Federal share

described in subsections (a) and (b) 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 make grants

under subsection (a) of this section, or enter into contracts or

agreements under subsection (b) of this section, for which the

Federal share may be greater than 50 percent.

(d) Review and evaluation

The Director shall establish procedures for reviewing and

evaluating grants, contracts, and cooperative agreements made or

entered into under this subchapter. Procedures for reviewing grant

applications or contracts and cooperative agreements for financial

assistance under this subchapter shall not be subject to any review

outside of the Institute.

-SOURCE-

(Pub. L. 94-462, title II, 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.)

-CITE-

20 USC Sec. 9174 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

-HEAD-

Sec. 9174. Award

-STATUTE-

The Director, with the advice of the Museum Board, may annually

award a National Award for Museum Service to outstanding museums

that have made significant contributions in service to their

communities.

-SOURCE-

(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.)

-CITE-

20 USC Sec. 9175 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

-HEAD-

Sec. 9175. National Museum Services Board

-STATUTE-

(a) Establishment

There is established in the Institute a National Museum Services

Board.

(b) Composition and qualifications

(1) Composition

The Museum Board shall consist of the Director and 14 members

appointed by the President, by and with the advice and consent of

the Senate.

(2) Qualifications

The appointive members of the Museum Board shall be selected

from among citizens of the United States -

(A) who are members of the general public;

(B) who are or have been affiliated with -

(i) resources that, collectively, are broadly

representative of the curatorial, conservation, educational,

and cultural resources of the United States; or

(ii) museums that, collectively, are broadly representative

of various types of museums, including museums relating to

science, history, technology, art, zoos, and botanical

gardens; and

(C) who are recognized for their broad knowledge, expertise,

or experience in museums or commitment to museums.

(3) Geographic and other representation

Members of the Museum Board shall be appointed to reflect

persons from various geographic regions of the United States. The

Museum Board may not include, at any time, more than 3 members

from a single State. In making such appointments, the President

shall give due regard to equitable representation of women,

minorities, and persons with disabilities who are involved with

museums.

(c) Terms

(1) In general

Each appointive member of the Museum Board shall serve for a

term of 5 years, except that -

(A) of the members first appointed, 3 shall serve for terms

of 5 years, 3 shall serve for terms of 4 years, 3 shall serve

for terms of 3 years, 3 shall serve for terms of 2 years, and 2

shall serve for terms of 1 year, as designated by the President

at the time of nomination for appointment; and

(B) any member appointed to fill a vacancy shall serve for

the remainder of the term for which the predecessor of the

member was appointed.

(2) Reappointment

No member of the Museum Board who has been a member for more

than 7 consecutive years shall be eligible for reappointment.

(3) Service until successor takes office

Notwithstanding any other provision of this subsection, a

member of the Museum Board shall serve after the expiration of

the term of the member until the successor to the member takes

office.

(d) Duties and powers

The Museum Board shall have the responsibility to advise the

Director on general policies with respect to the duties, powers,

and authority of the Institute relating to museum services,

including general policies with respect to -

(1) financial assistance awarded under this subchapter for

museum services; and

(2) projects described in section 9162(a)(4) of this title.

(e) Chairperson

The President shall designate 1 of the appointive members of the

Museum Board as Chairperson of the Museum Board.

(f) Meetings

(1) In general

The Museum Board shall meet -

(A) not less than 3 times each year, including -

(i) not less than 2 times each year separately; and

(ii) not less than 1 time each year in a joint meeting with

the Commission, convened for purposes of making general

policies with respect to financial assistance for projects

described in section 9162(a)(4) of this title; and

(B) at the call of the Director.

(2) Vote

All decisions by the Museum Board with respect to the exercise

of the duties and powers of the Museum Board shall be made by a

majority vote of the members of the Museum Board who are

present. All decisions by the Commission and the Museum Board

with respect to the policies described in paragraph (1)(A)(ii)

shall be made by a 2/3 majority vote of the total number of the

members of the Commission and the Museum Board who are present.

(g) Quorum

A majority of the members of the Museum Board shall constitute a

quorum for the conduct of business at official meetings of the

Museum Board, but a lesser number of members may hold hearings. A

majority of the members of the Commission and a majority of the

members of the Museum Board shall constitute a quorum for the

conduct of business at official joint meetings of the Commission

and the Museum Board.

(h) Compensation and travel expenses

(1) Compensation

Each member of the Museum Board who is not an officer or

employee of the Federal Government may be compensated at a rate

to be fixed by the President, but not to exceed the daily

equivalent of the maximum rate authorized for a position above

grade GS-15 of the General Schedule under section 5108 of title

5, for each day (including travel time) during which such member

is engaged in the performance of the duties of the Museum Board.

All members of the Museum Board who are officers or employees of

the Federal Government shall serve without compensation in

addition to compensation received for their services as officers

or employees of the Federal Government.

(2) Travel expenses

The members of the Museum Board may be allowed travel expenses,

including per diem in lieu of subsistence, in the same amounts

and to the same extent, as authorized under section 5703 of title

5 for persons employed intermittently in Federal Government

service.

(i) Coordination

The Museum Board, with the advice of the Director, shall take

steps to ensure that the policies and activities of the Institute

are coordinated with other activities of the Federal Government.

-SOURCE-

(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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9101 of this title.

-CITE-

20 USC Sec. 9176 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 72 - MUSEUM AND LIBRARY SERVICES

SUBCHAPTER III - MUSEUM SERVICES

-HEAD-

Sec. 9176. Authorization of appropriations

-STATUTE-

(a) Grants

For the purpose of carrying out this subchapter, there are

authorized to be appropriated to the Director $28,700,000 for the

fiscal year 1997, and such sums as may be necessary for each of the

fiscal years 1998 through 2002.

(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.

-SOURCE-

(Pub. L. 94-462, title II, 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.)

-CITE-