US Codex
U.S.C.
Notes

§9101. General definitions — Inbound Citations

20 U.S.C. § 9101

Cited by 131 provisions in release 119-102.

Citations to 20 U.S.C. § 9101 as a whole

Citations to §9101(1)

Citations to §9101(2)

  • (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.
  • (7) to enable libraries to serve as anchor institutions to support community revitalization through enhancing and expanding the services and resources provided by libraries, including those services and resources relating to workforce development, economic and business development, critical thinking skills, health information, digital literacy skills, financial literacy and other types of literacy skills, and new and emerging technology;
  • (D) other Federal programs and activities that relate to library services, including economic, business, and community development, health information, critical thinking skills, digital literacy skills, financial literacy and other types of literacy skills;
  • (1) expanding services for learning and access to information and educational resources in a variety of formats (including new and emerging technology), in all types of libraries, for individuals of all ages in order to support such individuals’ needs for education, lifelong learning, workforce development, economic and business development, health information, critical thinking skills, digital literacy skills, and financial literacy and other types of literacy skills;
  • (A) research and demonstration projects related to the improvement of libraries or the enhancement of library and information services through effective and efficient use of new and emerging technologies, including projects that enable library users to acquire digital literacy skills and that make information resources more accessible and available; and
  • (3) enhancing the training and professional development of librarians and the library workforce to enable librarians and the library workforce to meet the needs of their communities, including those needs relating to education, lifelong learning, workforce development, economic and business development, health information, critical thinking skills, digital literacy skills, financial and other types of literacy skills, and new and emerging technology.

Citations to §9101(3)

  • (1) The Institute shall be headed by a Director, appointed by the President, by and with the advice and consent of the Senate.
  • (2) The Director shall serve for a term of 4 years, except that if a successor to the Director has not been appointed by the President, by and with the advice and consent of the Senate, as of the date of expiration of the Director’s term, the Director may serve for not more than 1 additional year or until a successor is appointed and confirmed, whichever is earlier.
  • (3) 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) The Director may be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5.
  • (1) The Director shall have primary responsibility for the development and implementation of policy to ensure the availability of museum, library, and information services adequate to meet the essential information, education, research, economic, cultural, and civic needs of the people of the United States.
  • (2) 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) 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) 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) 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
    (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 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) The Director shall work jointly with the individuals heading 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) The Director may promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this chapter.
  • (1) 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) 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.
  • (C) 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.
  • 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.
  • (a) 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.
  • (1) 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.
  • (ii) The Director may appoint not more than 3 employees under paragraph (1) at a rate of basic compensation that exceeds the rate described in clause (i) but does not exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5.
  • (c) 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.
  • (d) The Director may use experts and consultants, including panels of experts, who may be employed as authorized under section 3109 of title 5.
  • (A) The Director.
  • (B) The Deputy Director for the Office of Library Services.
  • (C) The Deputy Director for the Office of Museum Services.
  • (4) The Director, the Deputy Director of the Office of Library Services, the Deputy Director of the Office of Museum Services, and the General Counsel of the Institute shall be nonvoting members of the Museum and Library Services Board.
  • (1) 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, library, and information services.
  • (2) The Museum and Library Services Board shall advise the Director in awarding national awards and medals under section 9107 of this title.
  • (e) The Director shall serve as Chairperson of the Museum and Library Services Board.
  • (1) The Museum and Library Services Board shall meet not less than 2 times each year and at the call of the Director.
  • (j) The Director, with the advice of the Museum and Library Services Board, shall coordinate the development and implementation of policies and activities as described in subsections (f) and (g) of section 9103 of this title.
  • 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.
  • 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.
  • (a) The Director shall regularly support and conduct, as appropriate, policy research, data collection, analysis and modeling, evaluation, and dissemination of information to extend and improve the Nation’s museum, library, and information services.
  • (c) The Director is authorized to enter into grants, contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise the Director determines appropriate, to further the objectives described in subsection (b) and to carry out the responsibilities under subsection (f).
  • (d) In 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.
  • (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
  • (e) The Director shall provide technical support and assistance (and other resources, to the extent practicable) to ensure consistency in data reporting and help the museum and library fields with meeting the objectives of this section.
  • (1) Each 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).
  • 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.
  • 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.
  • (5) 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.
  • (1) From the amount appropriated under the authority of section 9123 of this title for any fiscal year, the Director
    (A) shall reserve 2.25 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.
  • (1) From the sums appropriated under the authority of section 9123 of this title and not reserved under subsection (a) 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) From the remainder of any sums appropriated under the authority of section 9123 of this title that are not reserved under subsection (a) 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.
  • (4) 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.
  • (a) 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.
  • (3) 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.
  • (1) In order to be eligible to receive a grant under this subchapter, a State library administrative agency shall submit a State plan to the Director once every 5 years, as determined by the Director.
  • (3) 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.
  • (8) 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) 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.
  • (1) 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.
  • (3) 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.
  • (iii) Any library subject to a certification under clause (ii)(II) that cannot make the certification otherwise required by that clause may seek a waiver of that clause if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that clause. The library shall notify the Director of the Institute of Museum and Library Services of the applicability of that clause to the library. Such notice shall certify that the library will comply with the requirements in paragraph (1) before the start of the third program year after the effective date of this subsection for which the library is applying for funds under this subchapter.
  • (A) Whenever the Director of the Institute of Museum and Library Services has reason to believe that any recipient of funds this1 subchapter is failing to comply substantially with the requirements of this subsection, the Director may—
    (i) withhold further payments to the recipient under this subchapter,
    (ii) issue a complaint to compel compliance of the recipient through a cease and desist order, or
    (iii) enter into a compliance agreement with a recipient to bring it into compliance with such requirements.
  • (B) 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) 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.
  • 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.
  • (a) 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 to enhance the quality of library services nationwide and to provide coordination between libraries and museums, including by carrying out activities such as—
    (1) building workforce and institutional capacity for managing the national information infrastructure and serving the information and education needs of the public;
    (A) research and demonstration projects related to the improvement of libraries or the enhancement of library and information services through effective and efficient use of new and emerging technologies, including projects that enable library users to acquire digital literacy skills and that make information resources more accessible and available; and
    (B) dissemination of information derived from such projects;
    (3) conserving, preserving, and digitizing library materials and resources, giving priority to projects emphasizing coordination, optimizing conditions for storage and future use, offering staff training, avoiding duplication, and providing access by researchers beyond the institution or library entity undertaking the project;
    (4) enhancing the ability of libraries to provide services to affected communities in the event of an emergency or disaster through—
    (A) the development of national, regional, statewide, or local emergency and disaster management plans that—
    (i) address communication and coordination of information and services for affected communities; and
    (ii) ensure the preservation of knowledge and library collections; and
    (B) the implementation of the emergency and disaster management plans described in subparagraph (A), or otherwise enabling libraries to provide services consistent with this chapter to affected communities in the event of an emergency or disaster; and
    (5) model programs demonstrating cooperative efforts between libraries and museums.
  • (1) The Director may carry out the activities described in subsection (a) by entering into arrangements, including grants, contracts, cooperative agreements, and other forms of assistance, with libraries, library consortia and associations, institutions of higher education, museums, and other entities that the Director determines appropriate.
  • (c) The Director shall make every effort to ensure that activities assisted under this section—
    (1) are administered by appropriate library and museum professionals or experts;
    (2) reflect and serve a range of library types and geographically diverse areas;
    (3) include evaluation, analysis, and dissemination components; and
    (4) to the extent practicable, actively involve, have direct impact on, or provide future application in, libraries.
  • (b) From the amounts provided under section 9123(a)(2) of this title, the Director may enter into arrangements, including grants, contracts, cooperative agreements, and other forms of assistance, with libraries, library consortia and associations, institutions of higher education (as defined in section 1001 of this title), and other entities that the Director determines appropriate, for projects that further the purpose of this part, such as projects that—
    (1) increase the number of students enrolled in nationally accredited graduate library and information science programs and preparing for careers of service in libraries;
    (2) recruit future professionals, including efforts to attract promising middle school, high school, or postsecondary students to consider careers in library and information science;
    (3) develop or enhance professional development programs for librarians and the library workforce;
    (4) enhance curricula within nationally accredited graduate library and information science programs;
    (5) enhance doctoral education in order to develop faculty to educate the future generation of library professionals and develop the future generation of library leaders; and
    (6) conduct research, including research to support the successful recruitment and education of the next generation of librarians.
  • (c) The Director shall establish procedures for reviewing and evaluating projects supported under this part.
  • (a) The Director, subject to the policy advice of the Museum and Library Services Board, may enter into arrangements, including grants, contracts, cooperative agreements, and other forms of assistance, with museums, States, local governments, and other entities as the Director considers appropriate, to pay the Federal share of the cost of—
    (1) supporting museums in providing learning and access to collections, information, and educational resources in a variety of formats (including exhibitions, programs, publications, and websites) for individuals of all ages;
    (2) supporting museums in building learning partnerships with the Nation’s schools, including tribal schools, and developing museum resources, capabilities, and programs in support of State and local efforts to offer a well-rounded educational experience to all students;
    (3) supporting the conservation and preservation of museum collections, including efforts to—
    (A) provide optimal conditions for storage, exhibition, and use;
    (B) prepare for and respond to disasters and emergency situations;
    (C) establish endowments for conservation;
    (D) curate, stabilize, and organize object-related information; and
    (E) train museum staff in collections care;
    (4) supporting efforts at the State level to leverage museum resources, including statewide assessments of museum services and needs and development of State plans to improve and maximize museum services through the State;
    (5) creating shared technology tools and data resources, and developing museum staff training plans to improve and maximize museum services through organizations such as museum associations, professional networks, community-based organizations, and foundations, and through other collaborative mechanisms;
    (6) stimulating greater collaboration, in order to share resources and strengthen communities, among museums and—
    (A) libraries;
    (B) schools;
    (C) institutions of higher education;
    (D) international, Federal, State, regional, tribal, and local agencies or organizations;
    (E) nongovernmental organizations;
    (F) other community organizations; and
    (G) other relevant research and policy organizations;
    (7) encouraging the use of new and emerging technologies and media, including new ways to disseminate information, engage varied audiences in experiential learning, and support teachers and students to enhance access to and engagement with museum collections, programs, and services;
    (8) supporting museums in developing, carrying out, and providing programs and services that meet the needs of communities throughout the Nation, including people of diverse geographic, cultural, and socioeconomic backgrounds, individuals with disabilities, residents of rural and urban areas, Native Americans, military families, veterans, and caregivers, and for State institutions;
    (9) supporting professional development and technical assistance programs to enhance museum operations, and the skills of museum staff, at all levels, and to support the development of the next generation of museum leaders and professionals, in order to ensure the highest standards in all aspects of museum operations;
    (10) supporting museums in research, program evaluation, and the collection and dissemination of information to museum professionals and the public;
    (11) encouraging, supporting, and disseminating model programs of museum and library collaboration;
    (12) enabling museums to serve as anchor institutions to support community revitalization and the creation of opportunities for advancement; and
    (13) developing public and private partnerships with other agencies and community-based organizations to expand and enhance museum services.
  • (2) The Director may use not more than 20 percent of the funds made available under this subchapter for a fiscal year to enter into arrangements under subsection (a) for which the Federal share may be greater than 50 percent.
  • (1) The Director shall establish procedures for reviewing and evaluating arrangements described in subsection (a) entered into under this subchapter.
  • (2) In awarding grants, the Director shall take into consideration the equitable distribution of grants to museums of various types and sizes and to different geographic areas of the United States.
  • (A) The Director may use not more than 10 percent of the funds appropriated to carry out this subchapter for technical assistance.
  • (d) From amounts appropriated under section 9176 of this title, the Director shall reserve 2.25 percent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes and organizations that primarily serve and represent Native Hawaiians (as defined in section 7517 of this title), to enable such tribes and organizations to carry out the activities described in subsection (a).
  • (b) From the amounts provided under section 9176 of this title, the Director may enter into arrangements, including grants, contracts, cooperative agreements, and other forms of assistance, with museums, museum consortia and associations, institutions of higher education (as defined in section 9165(b) of this title), and other entities that the Director determines appropriate, for projects that further the purpose of this section, such as projects that—
    (1) increase the number of students from diverse and underrepresented backgrounds enrolled in graduate and undergraduate museum-related programs as well as other relevant programs offered through other education-focused entities, such as State and local governments, associations, and nonprofit organizations, in order to effectively prepare the students for, and retain the students in, careers in museum services;
    (2) recruit future museum professionals from diverse and underrepresented backgrounds, including efforts to attract promising middle school, high school, or postsecondary students to consider careers in museum services such as through offering paid internships, mentoring, and fellowship opportunities;
    (3) develop new or enhance current professional development and retention programs for museum professionals and the museum workforce, including through mid-career skill-building, mentoring, and fellowships, and by supporting the development of local and regional networks for those who may not have easy access to such opportunities; and
    (4) support and conduct research, needs assessments, pilot programs, and evaluation of education and professional development programs to explore successful approaches that can successfully recruit, prepare, educate, and retain the next generation of museum professionals.
  • (c) The Director shall establish procedures for reviewing and evaluating arrangements supported under this section.
  • (a) For the purpose of carrying out this subchapter, there are authorized to be appropriated to the Director $38,600,000 for each of the fiscal years 2020 through 2025.

Citations to §9101(5)

Citations to §9101(6)

Citations to §9101(7)

Citations to §9101(8)