TITLE 20 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS

20 USC 9101 - General definitions

As used in this chapter:

(1) Determined to be obscene
The term determined to be obscene means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene.

(2) Director
The term Director means the Director of the Institute appointed under section 9103 of this title.

(3) Final judgment
The term final judgment means a judgment that is

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

(B) not reviewable by any other court.

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

(5) Institute
The term Institute means the Institute of Museum and Library Services established under section 9102 of this title.

(6) Museum and Library Services Board
The term Museum and Library Services Board means the National Museum and Library Services Board established under section 9105a of this title.

(7) Obscene
The term obscene means, with respect to a project, that

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

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

20 USC 9102 - Institute of Museum and Library Services

(a) Establishment
There is established, within the National Foundation on the Arts and the Humanities, an Institute of Museum and Library Services.

(b) Offices
The Institute shall consist of an Office of Museum Services and an Office of Library Services.

(c) Museum and Library Services Board
There shall be a National Museum and Library Services Board within the Institute, as provided under section 9105a of this title.

20 USC 9103 - Director of Institute

(a) Appointment

(1) In general
The Institute shall be headed by a Director, appointed by the President, by and with the advice and consent of the Senate.

(2) Term
The Director shall serve for a term of 4 years.

(3) Qualifications
Beginning with the first individual appointed to the position of Director after September 30, 1996, every second individual so appointed shall be appointed from among individuals who have special competence with regard to library and information services. Beginning with the second individual appointed to the position of Director after September 30, 1996, every second individual so appointed shall be appointed from among individuals who have special competence with regard to museum services.

(b) Compensation
The Director may be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5.

(c) Duties and powers
The Director shall perform such duties and exercise such powers as may be prescribed by law, including awarding financial assistance for activities described in this chapter.

(d) Nondelegation
The Director shall not delegate any of the functions of the Director to any person who is not an officer or employee of the Institute.

(e) Coordination
The Director shall ensure coordination of the policies and activities of the Institute with the policies and activities of other agencies and offices of the Federal Government having interest in and responsibilities for the improvement of museums and libraries and information services. Where appropriate, the Director shall ensure that activities under subchapter II of this chapter are coordinated with activities under section 6383 of this title.

(f) Regulatory authority
The Director may promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this chapter.

(g) Application procedures

(1) In general
In order to be eligible to receive financial assistance under this chapter, a person or agency shall submit an application in accordance with procedures established by the Director by regulation.

(2) Review and evaluation
The Director shall establish procedures for reviewing and evaluating applications submitted under this chapter. Actions of the Institute and the Director in the establishment, modification, and revocation of such procedures under this chapter are vested in the discretion of the Institute and the Director. In establishing such procedures, the Director shall ensure that the criteria by which applications are evaluated are consistent with the purposes of this chapter, taking into consideration general standards of decency and respect for the diverse beliefs and values of the American public.

(3) Treatment of projects determined to be obscene

(A) In general
The procedures described in paragraph (2) shall include provisions that clearly specify that obscenity is without serious literary, artistic, political, or scientific merit, and is not protected speech.

(B) Prohibition
No financial assistance may be provided under this chapter with respect to any project that is determined to be obscene.

(C) Treatment of application disapproval
The disapproval of an application by the Director shall not be construed to mean, and shall not be considered as evidence that, the project for which the applicant requested financial assistance is or is not obscene.

20 USC 9104 - Deputy Directors

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

20 USC 9105 - Personnel

(a) In general
The Director may, in accordance with applicable provisions of title 5, appoint and determine the compensation of such employees as the Director determines to be necessary to carry out the duties of the Institute.

(b) Appointment and compensation of technical and professional employees

(1) In general
Subject to paragraph (2), the Director may appoint without regard to the provisions of title 5 governing the appointment in the competitive service and may compensate without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title (relating to the classification and General Schedule pay rates), such technical and professional employees as the Director determines to be necessary to carry out the duties of the Institute.

(2) Number and compensation
The number of employees appointed and compensated under paragraph (1) shall not exceed 1/5 of the number of full-time regular or professional employees of the Institute. The rate of basic compensation for the employees appointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS15 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.

20 USC 9105a - National Museum and Library Services Board

(a) Establishment
There is established within the Institute a board to be known as the National Museum and Library Services Board.

(b) Membership

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

(A) The Director.

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

(D) The Chairman of the National Commission on Libraries and Information Science.

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

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

(2) Special qualifications

(A) Library members
Of the members of the Museum and Library Services Board appointed under paragraph (1)(E)

(i) five shall be professional librarians or information specialists, of whom

(I) not less than one shall be knowledgeable about electronic information and technical aspects of library and information services and sciences; and

(II) not less than one other shall be knowledgeable about the library and information service needs of underserved communities; and

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

(B) Museum members
Of the members of the Museum and Library Services Board appointed under paragraph (1)(F)

(i) five shall be museum professionals who are or have been affiliated with

(I) resources that, collectively, are broadly representative of the curatorial, conservation, educational, and cultural resources of the United States; or

(II) museums that, collectively, are broadly representative of various types of museums, including museums relating to science, history, technology, art, zoos, botanical gardens, and museums designed for children; and

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

(3) Geographic and other representation
Members of the Museum and Library Services Board shall be appointed to reflect persons from various geographic regions of the United States. The Museum and Library Services Board may not include, at any time, more than three appointive members from a single State. In making such appointments, the President shall give due regard to equitable representation of women, minorities, and persons with disabilities who are involved with museums and libraries.

(4) Voting
The Director, the Deputy Director of the Office of Library Services, the Deputy Director of the Office of Museum Services, and the Chairman of the National Commission on Library and Information Science shall be nonvoting members of the Museum and Library Services Board.

(1) In general
Except as otherwise provided in this subsection, each member of the Museum and Library Services Board appointed under subparagraph (E) or (F) of subsection (b)(1) of this section shall serve for a term of 5 years.

(2) Initial Board appointments

(A) Treatment of members serving on effective date
Notwithstanding subsection (b) of this section, each individual who is a member of the National Museum Services Board on September 25, 2003, may, at the individuals election, complete the balance of the individuals term as a member of the Museum and Library Services Board.

(B) First appointments
Notwithstanding subsection (b) of this section, any appointive vacancy in the initial membership of the Museum and Library Services Board existing after the application of subparagraph (A), and any vacancy in such membership subsequently created by reason of the expiration of the term of an individual described in subparagraph (A), shall be filled by the appointment of a member described in subsection (b)(1)(E) of this section. When the Museum and Library Services Board consists of an equal number of individuals who are specially qualified in the area of library services and individuals who are specially qualified in the area of museum services, this subparagraph shall cease to be effective and the board shall be appointed in accordance with subsection (b) of this section.

(C) Authority to adjust terms
The terms of the first members appointed to the Museum and Library Service Board shall be adjusted by the President as necessary to ensure that the terms of not more than four members expire in the same year. Such adjustments shall be carried out through designation of the adjusted term at the time of appointment.

(3) Vacancies
Any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed.

(4) Reappointment
No appointive member of the Museum and Library Services Board who has been a member for more than 7 consecutive years shall be eligible for reappointment.

(5) Service until successor takes office
Notwithstanding any other provision of this subsection, an appointive member of the Museum and Library Services Board shall serve after the expiration of the term of the member until the successor to the member takes office.

(d) Duties and powers

(1) In general
The Museum and Library Services Board shall advise the Director on general policies with respect to the duties, powers, and authority of the Institute relating to museum and library services, including financial assistance awarded under this chapter.

(2) National awards
The Museum and Library Services Board shall advise the Director in making awards under section 9107 of this title.

(e) Chairperson
The Director shall serve as Chairperson of the Museum and Library Services Board.

(f) Meetings

(1) In general
The Museum and Library Services Board shall meet not less than 2 times each year and at the call of the Director.

(2) Vote
All decisions by the Museum and Library Services Board with respect to the exercise of its duties and powers shall be made by a majority vote of the members of the Board who are present and authorized to vote.

(g) Quorum
A majority of the voting members of the Museum and Library Services Board shall constitute a quorum for the conduct of business at official meetings, but a lesser number of members may hold hearings.

(h) Compensation and travel expenses

(1) Compensation
Each member of the Museum and Library Services Board who is not an officer or employee of the Federal Government may be compensated at a rate to be fixed by the President, but not to exceed the daily equivalent of the maximum annual rate of pay authorized for a position above grade GS15 of the General Schedule under section 5108 of title 5, for each day (including travel time) during which such member is engaged in the performance of the duties of the Museum and Library Services Board. Members of the Museum and Libraries Services Board who are full-time officers or employees of the Federal Government may not receive additional pay, allowances, or benefits by reason of their service on the Museum and Library Services Board.

(2) Travel expenses
Each member of the Museum and Library Services Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.

(i) Coordination
The Director, with the advice of the Museum and Library Services Board, shall take steps to ensure that the policies and activities of the Institute are coordinated with other activities of the Federal Government.

20 USC 9106 - Contributions

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

20 USC 9107 - Awards

The Director, with the advice of the Museum and Library Services Board, may annually award National Awards for Library Service and National Awards for Museum Service to outstanding libraries and outstanding museums, respectively, that have made significant contributions in service to their communities.

20 USC 9108 - Analysis of impact of museum and library services

From amounts described in sections 9123 (c) and 9176 (b) of this title, the Director shall carry out and publish analyses of the impact of museum and library services. Such analyses

(1) shall be conducted in ongoing consultation with

(A) State library administrative agencies;

(B) State, regional, and national library and museum organizations; and

(2) shall identify national needs for, and trends of, museum and library services provided with funds made available under subchapters II and III of this chapter;

(3) shall report on the impact and effectiveness of programs conducted with funds made available by the Institute in addressing such needs; and

(4) shall identify, and disseminate information on, the best practices of such programs to the agencies and entities described in paragraph (1).

20 USC 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.