PART IV-PUBLIC LIBRARIES AND OTHER PUBLIC

PROPERTY LAWS

MUSEUM AND LIBRARY SERVICES ACT

(Title II of P.L. 94-462)

AN ACT To amend and extend the National Foundation on the Arts and Humanities Act of 1965, to provide for the improvement of museum services, to establish a challenge grant program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Arts, Humanities, and Cultural Affairs Act of 1976".

This title may be cited as the "Museum and Library Services Act".

(20 U.S.C. 9101 note) Enacted October 8, 1976, P.L. 94-462, title II, sec. 201, 90 Stat. 1975, amended September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-294.

SEC. 202. GENERAL DEFINITIONS.

As used in this title:

(1) COMMISSION.-The term "Commission" means the National Commission on Libraries and Information Science established under section 3 of the National Commission on Libraries and Information Sciences Act (20 U.S.C. 1502).

(2) DIRECTOR.-The term "Director" means the Director of the Institute appointed under section 204.

(3) INSTITUTE.-The term "Institute" means the Institute of Museum and Library Services established under section 203. (4) MUSEUM BOARD.-The term "Museum Board" means the National Museum Services Board established under section 275.

(20 U.S.C. 9101) Enacted October 8, 1976, P.L. 94-462, title II, sec. 203, 90 Stat. 1975, amended September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-294.

SEC. 203. 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. There shall be a National Museum Services Board in the Office of Museum Services.

(20 U.S.C. 9102) Enacted Oct. 8, 1976, P.L. 462, title II, sec. 203, 90 Stat. 1975; amended Dec. 4, 1980, P.L. 96-496, sec. 201(a), 94 Stat. 2591; amended May 31, 1984, P.L. 98-306, sec. 8, 98 Stat. 225, amended September 30, 1996, P.L. 104–208, title VII, sec. 702, 110 Stat. 3009-294.

SEC. 204. DIRECTOR OF THE 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 the date of enactment of the Museum and Library Services Act of 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 the date of enactment of the Museum and Library Services Act of 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, United States Code.

(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 title.

(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.

(20 U.S.C. 9103) Enacted, Oct. 8, 1976, title II, sec. 204, 90 Stat. 1975, 1976; amended Dec. 4, 1980, P.L. 96-496, sec. 201(b), 94 Stat. 2592; amended May 31, 1984, P.L. 98-306, sec. 9, 98 Stat. 225; amended Dec. 20, 1985, P.L. 99–194, sec. 201, 99 Stat. 1344; amended Nov. 5, 1990, P.L. 101-512, sec. 201, 104 Stat. 1974, amended September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-294. SEC. 205. DEPUTY DIRECTORS.

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

the Director from among individuals who have expertise in museum services.

(20 U.S.C. 9104) Enacted Oct. 8, 1976, P.L. 94-462, title II, sec. 205, 90 Stat. 1976, 1977; amended Dec. 4, 1980, P.L. 96-496, sec. 201(c), 94 Stat. 2592; amended May 31, 1984, P.L. 98-306, sec. 10, 98 Stat. 225; amended Dec. 20, 1985, P.L. 99194, sec. 202, 99 Stat. 1344; amended Nov. 5, 1990, P.L. 101-512, sec. 202(b), 104 Stat. 1974, amended September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-295.

SEC. 206. PERSONNEL.

(a) IN GENERAL.-The Director may, in accordance with applicable provisions of title 5, United States Code, 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, United States Code, 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 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, United States Code, for persons employed intermittently in Federal Government service.

(20 U.S.C. 9105) Enacted Oct. 8, 1976, title II, sec. 206, 90 Stat. 1977; amended Dec. 4, 1980, P.L. 96-496, sec. 201(d), 94 Stat. 2592; amended Nov. 5, 1990, P.L. 101-512, sec. 203, 104 Stat. 1975, amended September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-9105; amended Dec. 1, 1997, P.L. 105–128, sec. 2, 111 Stat. 2548.

SEC. 207. CONTRIBUTIONS.

The Institute is authorized to solicit, accept, receive, and invest in the name of the United States, gifts, bequests, or devises of money and other property or services and to use such property of services in furtherance of the functions of the Institute. Any proceeds from such gifts, bequests, or devises, after acceptance by the Institute, shall be paid by the donor or the representative of the donor to the Director. The Director shall enter the proceeds in a special-interest bearing account to the credit of the Institute for the purposes specified in each case.

(20 U.S.C. 9106) Enacted Oct. 8, 1976, title II, sec. 207, 90 Stat. 1977, amended September 30, 1996, P.L. 104–208, title VII, sec. 702, 110 Stat. 3009-295.

Subtitle B-Library Services and Technology

SEC. 211. SHORT TITLE.

This subtitle may be cited as the "Library Services and Technology Act".

(20 U.S.C. 9101 note) Enacted September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-295.

SEC. 212. PURPOSE.

It is the purpose of this subtitle

(1) to consolidate Federal library service programs;

(2) to stimulate excellence and promote access to learning and information resources in all types of libraries for individuals of all ages;

(3) to promote library services that provide all users access to information through State, regional, national and international electronic networks;

(4) to provide linkages among and between libraries; and (5) to promote targeted library services to people of diverse geographic, cultural, and socioeconomic backgrounds, to individuals with disabilities, and to people with limited functional literacy or information skills.

(20 U.S.C. 9121) Enacted September 30, 1996, P.L. 104-208, title VII, sec. 702, 110 Stat. 3009-295.

SEC. 213. DEFINITIONS.

As used in this subtitle:

(1) INDIAN TRIBE.-The term "Indian tribe" means any tribe, band, nation, or other organized group or community, including any Alaska native village, regional corporation, or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized by the Secretary of the Interior as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(2) 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 subtitle 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 subtitle.

(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 in

formation 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 subtitle, provides assurances for establishing the State's policies, priorities, criteria, and procedures necessary to the implementation of all programs under this subtitle, submits copies for approval as required by regulations promulgated by the Director, identifies a State's library needs, and sets forth the activities to be taken toward meeting the identified needs supported with the assistance of Federal funds made available under this subtitle. (20 U.S.C. 9122) Enacted September 30, 1996, P.L. 104–208, title VII, sec. 702, 110 Stat. 3009-296; amended Dec. 1, 1997, P.L. 105-128, sec. 3, 111 Stat. 2548. SEC. 214. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.

(1) IN GENERAL.-There are authorized to be appropriated $150,000,000 for fiscal year 1997 and such sums as may be necessary for each of the fiscal years 1998 through 2002 to carry out this subtitle.

(2) TRANSFER.-The Secretary of Education shall

(A) transfer promptly to the Director any funds appropriated under the authority of paragraph (1), to enable the Director to carry out this subtitle; and

(B) not exercise any authority concerning the administration of this title other than the transfer described in subparagraph (A).

(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 subtitle 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), the application of this section may result in the enactment, in a fiscal year, of separate appropriations for a program under this subtitle (whether in the