20 USC 9108 - Policy research, data collection, analysis and modeling, evaluation, and dissemination

Collapse to view only § 9108. Policy research, data collection, analysis and modeling, evaluation, and dissemination

§ 9101. General definitions
§ 9102. Institute of Museum and Library Services
§ 9103. Director of Institute
§ 9104. Deputy Directors
§ 9105. Personnel
§ 9105a. National Museum and Library Services Board
§ 9106. Contributions
§ 9107. Awards and medals
§ 9108. Policy research, data collection, analysis and modeling, evaluation, and dissemination
§ 9109. Prohibition on use of funds for construction
§ 9110. Hearings
§ 9111. Administrative funds

§ 9101. General definitions

As used in this chapter:

(1) Determined to be obscene

(2) Digital literacy skills

The term “digital literacy skills” means the skills associated with—

(A) using technology to enable users to find, evaluate, organize, create, and communicate information; and

(B) developing digital citizenship and the responsible use of technology.

(3) Director

(4) Final judgment

The term “final judgment” means a judgment that is—

(A) not reviewed by any other court that has authority to review such judgment; or

(B) not reviewable by any other court.

(5) Indian tribe

(6) Institute

(7) Museum and Library Services Board

(8) Obscene

The term “obscene” means, with respect to a project, that—

(A) the average person, applying contemporary community standards, would find that such project, when taken as a whole, appeals to the prurient interest;

(B) such project depicts or describes sexual conduct in a patently offensive way; and

(Pub. L. 94–462, title II, § 202, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–294; amended Pub. L. 108–81, title I, § 101, Sept. 25, 2003, 117 Stat. 992; Pub. L. 111–340, title I, § 101, Dec. 22, 2010, 124 Stat. 3595; Pub. L. 115–410, § 2, Dec. 31, 2018, 132 Stat. 5412.)

§ 9102. Institute of Museum and Library Services

(a) Establishment

(b) Offices

(Pub. L. 94–462, title II, § 203, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–294; amended Pub. L. 108–81, title I, § 102, Sept. 25, 2003, 117 Stat. 992.)

§ 9103. Director of Institute

(a) Appointment

(1) In general

(2) Term

(3) Qualifications

(b) Compensation

(1) Primary responsibility

(2) Duties

In carrying out the responsibility described in paragraph (1), the Director shall—

(A) advise the President, Congress, and other Federal agencies and offices on museum, library, and information services in order to ensure the creation, preservation, organization, and dissemination of knowledge;

(B) engage Federal, State, and local governmental agencies and private entities in assessing the museum, library, and information services needs of the people of the United States, and coordinate the development of plans, policies, and activities to meet such needs effectively;

(C) carry out programs of research and development, data collection, and financial assistance to extend and improve the museum, library, and information services of the people of the United States; and

(D) ensure that museum, library, and information services are fully integrated into the information and education infrastructures of the United States.

(d) Nondelegation

(e) Interagency agreements

The Director may—

(1) enter into interagency agreements to promote or assist with the museum, library, and information services-related activities of other Federal agencies, on either a reimbursable or non-reimbursable basis; and

(2) use funds appropriated under this chapter for the costs of such activities.

(f) Coordination

The Director shall ensure coordination of the policies and activities of the Institute with the policies and activities of other agencies and offices of the Federal Government having interest in and responsibilities for the improvement of museums and libraries and information services. Where appropriate, the Director shall ensure that such policies and activities are coordinated with—

(1) programs and activities under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] (including programs and activities under subparts 2 and 3 of part B of title II [20 U.S.C. 6641 et seq., 6661 et seq.], and parts A and B of title IV [20 U.S.C. 7101 et seq., 7171 et seq.], of such Act);

(2) programs and activities under the Head Start Act (42 U.S.C. 9831 et seq.) (including programs and activities under subparagraphs (H)(vii) and (J)(iii) of section 641(d)(2) of such Act) (42 U.S.C. 9836(d)(2)); 1

1 See References in Text note below.

(3) activities under the Workforce Innovation and Opportunity Act [29 U.S.C. 3101 et seq.] (including activities under section 121(e) of such Act [29 U.S.C. 3151(e)])); 2

2 So in original. The second closing parenthesis probably should not appear.

and

(4) Federal programs and activities that increase the capacity of libraries and museums to act as partners in supporting economic and community development, providing education and research, improving digital literacy skills, strengthening financial literacy and other types of literacy skills, and enhancing public safety and health awareness.

(g) Interagency collaboration

The Director shall work jointly with the individuals span relevant Federal departments and agencies, including the Secretary of Labor, the Secretary of Education, the Administrator of the Small Business Administration, the Chairman of the Federal Communications Commission, the Director of the National Science Foundation, the Secretary of Health and Human Services, the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Chairman of the National Endowment for the Arts, the Chairman of the National Endowment of the Humanities, the Director of the Office of Management and Budget, the Secretary of Commerce, the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Agriculture, the Chief Executive Officer of the Corporation for National and Community Service, the Librarian of Congress, the Archivist of the United States, and the Director of the United States Government Publishing Office, or the designees of such individuals, on—

(1) initiatives, materials, technology, or research to support education, workforce development, economic and business development, and related activities and services undertaken by libraries;

(2) resource and policy approaches to eliminate barriers to fully leveraging the role of libraries and museums in supporting the early learning, literacy, lifelong learning, digital literacy, workforce development, and education needs of the people of the United States; and

(3) initiatives, materials, technology, or research to support educational, cultural, historical, scientific, environmental, and other activities undertaken by museums.

(h) Regulatory authority

(i) Application procedures

(1) In general

(2) Review and evaluation

(3) Treatment of projects determined to be obscene

(A) In general

(B) Prohibition

(Pub. L. 94–462, title II, § 204, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–294; amended Pub. L. 108–81, title I, § 103, Sept. 25, 2003, 117 Stat. 992; Pub. L. 111–340, title I, § 102, Dec. 22, 2010, 124 Stat. 3595; Pub. L. 113–128, title V, § 512(t)(1), July 22, 2014, 128 Stat. 1712; Pub. L. 114–95, title IX, § 9215(aaa)(1), Dec. 10, 2015, 129 Stat. 2184; Pub. L. 115–410, § 3, Dec. 31, 2018, 132 Stat. 5412.)

§ 9104. Deputy Directors

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

(Pub. L. 94–462, title II, § 205, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–295.)

§ 9105. Personnel

(a) In general

(b) Appointment and compensation of technical and professional employees

(1) In general

(2) Number and compensation

(A) In general

(B) Rate of compensation

(i) In general

(ii) Exception

(d) Experts and consultants

(Pub. L. 94–462, title II, § 206, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–295; amended Pub. L. 105–128, § 2, Dec. 1, 1997, 111 Stat. 2548; Pub. L. 111–340, title I, § 103, Dec. 22, 2010, 124 Stat. 3596.)

§ 9105a. National Museum and Library Services Board

(a) Establishment

(b) Membership

(1) Number and appointmentThe Museum and Library Services Board shall be composed of the following:

(A) The Director.

(B) The Deputy Director for the Office of Library Services.

(D) Ten members appointed by the President, from among individuals who are citizens of the United States and who are specially qualified by virtue of their education, training, or experience in the area of library services, or their commitment to libraries.

(E) Ten members appointed by the President, from among individuals who are citizens of the United States and who are specially qualified by virtue of their education, training, or experience in the area of museum services, or their commitment to museums.

(2) Special qualifications

(A) Library membersOf the members of the Museum and Library Services Board appointed under paragraph (1)(D)—

(i) five shall be professional librarians or information specialists, of whom—(I) not less than one shall be knowledgeable about electronic information and technical aspects of library and information services and sciences; and(II) not less than one other shall be knowledgeable about the library and information service needs of underserved communities, including rural communities; and

(ii) the remainder shall have special competence in, or knowledge of, the needs for library and information services in the United States.

(B) Museum membersOf the members of the Museum and Library Services Board appointed under paragraph (1)(E)—

(i) five shall be museum professionals who are or have been affiliated with—(I) resources that, collectively, are broadly representative of the curatorial, conservation, educational, and cultural resources of the United States; or(II) museums that, collectively, are broadly representative of various types of museums, including museums relating to science, history, technology, art, zoos, botanical gardens, and museums designed for children; and

(ii) the remainder shall be individuals recognized for their broad knowledge, expertise, or experience in museums or commitment to museums.

(3) Geographic and other representation

(4) Voting

(1) In general

(2) Authority to adjust terms

(3) Vacancies

(4) Reappointment

(5) Service until successor takes office

(d) Duties and powers

(1) In general

(2) National awards and medals

(e) Chairperson

(f) Secretary

(g) Meetings

(1) In general

(2) Vote

(h) Quorum

(i) Compensation and travel expenses

(1) Compensation

(2) Travel expenses

(j) Coordination

(Pub. L. 94–462, title II, § 207, as added Pub. L. 108–81, title I, § 104(2), Sept. 25, 2003, 117 Stat. 993; amended Pub. L. 111–340, title I, § 104, Dec. 22, 2010, 124 Stat. 3597; Pub. L. 112–166, § 2(r), Aug. 10, 2012, 126 Stat. 1288; Pub. L. 115–410, § 4, Dec. 31, 2018, 132 Stat. 5413.)

§ 9106. Contributions

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

(Pub. L. 94–462, title II, § 208, formerly § 207, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–295; renumbered § 208 and amended Pub. L. 108–81, title I, § 104(1), title V, § 504(e), Sept. 25, 2003, 117 Stat. 993, 1004.)

§ 9107. Awards and medals

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

(Pub. L. 94–462, title II, § 209, as added Pub. L. 108–81, title I, § 105, Sept. 25, 2003, 117 Stat. 996; amended Pub. L. 111–340, title I, § 105, Dec. 22, 2010, 124 Stat. 3598.)

§ 9108. Policy research, data collection, analysis and modeling, evaluation, and dissemination

(a) In general

(b) ObjectivesThe objectives of the policy research, data collection, analysis and modeling, evaluation, and dissemination of information carried out under this section include the following:

(1) To enhance and expand the capacity of museums, libraries, and information services to anticipate, respond to, and meet the evolving needs of communities and the public, including by identifying trends and developments that may impact the need for and delivery of services.

(2) To provide information and data on the role, value, and impact of museum, library, and information resources, including the identification of trends and potential gaps in the availability and use of museum and library services by their communities and the public.

(3) To measure the effectiveness of museums, libraries, and information services throughout the United States, including the impact of Federal programs authorized under this chapter.

(4) To identify indicators and outcomes that can be used to create enhancements to the efficiency and efficacy of museum, library, and information services.

(5) To promote advancement and growth in museum, library, and information services through sharing of best practices and effective strategies in order to better serve the people of the United States.

(6) To facilitate planning for, and building of, institutional capacity in order to improve—

(A) museum, library, and information services at the national, State, local, and regional levels; and

(B) international communications and cooperative networks.

(7) To support and enhance collaborative professional networks and consortia that use shared, meaningful, and actionable data analysis and modeling to advance museum, library, and information services and address community needs.

(d) Consultation and public engagementIn carrying out subsection (a) and in furtherance of the objectives described in subsection (b), the Director—

(1) shall conduct ongoing collaboration (as determined appropriate by the Director) and consult with—

(A) State library administrative agencies; and

(B) National, State, tribal, and regional museum and library organizations; and

(2) may also collaborate or consult with—

(A) cooperative networks of geographic- or discipline-based museums and libraries; and

(B) other applicable agencies, organizations (including international organizations), entities (including entities with expertise in the fields of data collection, analysis and modeling, and evaluation), and community stakeholders.

(e) Assistance to museums and libraries

(f) Dissemination

(1) In generalEach year, the Director shall widely disseminate, as appropriate to further the objectives described in subsection (b)—

(A) the results, data, reports, findings, studies, surveys, and other information obtained under this section;

(B) the means and approaches by which the objectives described in subsection (b) were accomplished; and

(C) information regarding the manner and extent to which collaboration and consultation were conducted, as required by subsection (d).

(2) Formats to be used

(g) Authorization of appropriations

(1) In general

(2) Availability of funds

(Pub. L. 94–462, title II, § 210, as added Pub. L. 108–81, title I, § 105, Sept. 25, 2003, 117 Stat. 996; amended Pub. L. 111–340, title I, § 106, Dec. 22, 2010, 124 Stat. 3598; Pub. L. 115–410, § 5, Dec. 31, 2018, 132 Stat. 5413.)

§ 9109. Prohibition on use of funds for construction

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

(Pub. L. 94–462, title II, § 210A, as added Pub. L. 108–81, title I, § 105, Sept. 25, 2003, 117 Stat. 997.)

§ 9110. Hearings

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

(Pub. L. 94–462, title II, § 210B, as added Pub. L. 111–340, title I, § 107, Dec. 22, 2010, 124 Stat. 3599.)

§ 9111. Administrative funds

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

(Pub. L. 94–462, title II, § 210C, as added Pub. L. 111–340, title I, § 108, Dec. 22, 2010, 124 Stat. 3599