20 U.S.C. § 9173 — Museum services activities

Page 1691 TITLE 20—EDUCATION § 9173 as follows: ‘‘to encourage and support museums in car- rying out their public service role of connecting the whole of society to the cultural, artistic, historical, natural, and scientific understandings that constitute our heritage;’’. Par. (2). Pub. L. 115–410, § 16(3), added par. (2). Former par. (2) redesignated (1). Par. (4). Pub. L. 115–410, § 16(4), inserted ‘‘diverse’’ be- fore ‘‘cultural’’. Par. (5). Pub. L. 115–410, § 16(5), substituted ‘‘as they serve their communities in new and different ways’’ for ‘‘as a result of their increasing use by the public’’. Par. (9). Pub. L. 115–410, § 16(7), substituted ‘‘State and regional levels’’ for ‘‘State level’’ and ‘‘services; and’’ for ‘‘services.’’ Par. (10). Pub. L. 115–410, § 16(6), (8), added par. (10). 2010—Par. (3). Pub. L. 111–340, § 301(1), inserted ‘‘through international, national, regional, State, and local networks and partnerships’’ after ‘‘services’’. Pars. (7) to (9). Pub. L. 111–340, § 301(2)–(4), added pars. (7) to (9). 2003—Pub. L. 108–81, § 301, amended section catchline and text generally. Prior to amendment, text read as follows: ‘‘It is the purpose of this subchapter— ‘‘(1) to encourage and assist museums in their edu- cational 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 meth- ods and facilities so that the museums are better able to conserve the cultural, historic, and scientific her- itage of the United States; and ‘‘(3) to ease the financial burden borne by museums as a result of their increasing use by the public.’’ § 9172. Definitions As used in this subchapter: (1) Museum The term ‘‘museum’’ means a public, tribal, or private nonprofit agency or institution or- ganized on a permanent basis for essentially educational, cultural heritage, or aesthetic purposes, that utilizes a professional staff, owns or utilizes tangible objects, cares for the tangible objects, and exhibits the tangible ob- jects to the public on a regular basis. Such term includes museums that have tangible and digital collections and includes aquariums, ar- boretums, botanical gardens, art museums, children’s museums, general museums, his- toric houses and sites, history museums, na- ture centers, natural history and anthropology museums, planetariums, science and tech- nology centers, specialized museums, and zoo- logical parks. (2) State The term ‘‘State’’ means each of the 50 States of the United States, the District of Co- lumbia, 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 Mi- cronesia, and the Republic of Palau. (Pub. L. 94–462, title II, § 273, formerly § 272, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–303; renumbered § 273 and amended Pub. L. 108–81, title III, §§ 302, 306(1), Sept. 25, 2003, 117 Stat. 1000, 1002; Pub. L. 111–340, title III, § 302, Dec. 22, 2010, 124 Stat. 3603; Pub. L. 115–410, § 17, Dec. 31, 2018, 132 Stat. 5420.) Editorial Notes PRIOR PROVISIONS A prior section 273 of Pub. L. 94–462 was renumbered section 274 and is classified to section 9173 of this title. AMENDMENTS 2018—Par. (1). Pub. L. 115–410, § 17(2), inserted ‘‘, cultural heritage,’’ after ‘‘educational’’. Pub. L. 115–410, § 17(1), which directed insertion of ‘‘, tribal,’’ after ‘‘public’’, was executed by making the insertion after ‘‘public’’ the first time appearing, to re- flect the probable intent of Congress. 2010—Par. (1). Pub. L. 111–340 inserted ‘‘includes mu- seums that have tangible and digital collections and’’ after ‘‘Such term’’. 2003—Par. (1). Pub. L. 108–81, § 302, inserted at end: ‘‘Such term includes aquariums, arboretums, botanical gardens, art museums, children’s museums, general museums, historic houses and sites, history museums, nature centers, natural history and anthropology mu- seums, planetariums, science and technology centers, specialized museums, and zoological parks.’’ § 9173. Museum services activities (a) In general The Director, subject to the policy advice of the Museum and Library Services Board, may enter into arrangements, including grants, con- tracts, cooperative agreements, and other forms of assistance, with museums, States, local gov- ernments, and other entities as the Director considers appropriate, to pay the Federal share of the cost of— (1) supporting museums in providing learn- ing 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, includ- ing tribal schools, and developing museum re- sources, capabilities, and programs in support of State and local efforts to offer a well-round- ed educational experience to all students; (3) supporting the conservation and preser- vation of museum collections, including ef- forts 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 le- verage 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 mu- seum services through organizations such as museum associations, professional networks, community-based organizations, and founda- tions, and through other collaborative mecha- nisms; (6) stimulating greater collaboration, in order to share resources and strengthen com- munities, among museums and— Page 1692 TITLE 20—EDUCATION § 9173 (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 or- ganizations; (7) encouraging the use of new and emerging technologies and media, including new ways to disseminate information, engage varied audi- ences 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, car- rying out, and providing programs and serv- ices that meet the needs of communities throughout the Nation, including people of di- verse 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 mu- seum operations, and the skills of museum staff, at all levels, and to support the develop- ment of the next generation of museum lead- ers and professionals, in order to ensure the highest standards in all aspects of museum op- erations; (10) supporting museums in research, pro- gram evaluation, and the collection and dis- semination of information to museum profes- sionals and the public; (11) encouraging, supporting, and dissemi- nating model programs of museum and library collaboration; (12) enabling museums to serve as anchor in- stitutions to support community revitaliza- tion and the creation of opportunities for ad- vancement; and (13) developing public and private partner- ships with other agencies and community- based organizations to expand and enhance museum services. (b) Federal share (1) 50 percent Except as provided in paragraph (2), the Fed- eral share described in subsection (a) shall be not more than 50 percent. (2) Greater than 50 percent The Director may use not more than 20 per- cent of the funds made available under this subchapter for a fiscal year to enter into ar- rangements under subsection (a) for which the Federal share may be greater than 50 percent. (3) Operational expenses No funds for operational expenses may be provided under this section to any entity that is not a museum. (c) Review and evaluation (1) In general The Director shall establish procedures for reviewing and evaluating arrangements de- scribed in subsection (a) entered into under this subchapter. (2) Grant distribution 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. (3) Applications for technical assistance (A) In general The Director may use not more than 10 percent of the funds appropriated to carry out this subchapter for technical assistance. (B) Individual museums Individual museums may receive not more than 3 technical assistance awards under subparagraph (A). Subsequent awards for technical assistance shall be subject to re- view outside the Institute. (d) Services for Native Americans From amounts appropriated under section 9176 of this title, the Director shall reserve 2.25 per- cent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes and organizations that primarily serve and rep- resent Native Hawaiians (as defined in section 7517 of this title), to enable such tribes and orga- nizations to carry out the activities described in subsection (a). (Pub. L. 94–462, title II, § 274, formerly § 273, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–303; renumbered § 274 and amended Pub. L. 108–81, title III, §§ 303, 306(1), Sept. 25, 2003, 117 Stat. 1000, 1002; Pub. L. 111–340, title III, § 303, Dec. 22, 2010, 124 Stat. 3603; Pub. L. 114–95, title IX, § 9215(aaa)(4), Dec. 10, 2015, 129 Stat. 2184; Pub. L. 115–410, § 18, Dec. 31, 2018, 132 Stat. 5420.) Editorial Notes PRIOR PROVISIONS A prior section 274 of Pub. L. 94–462 was classified to section 9174 of this title, prior to repeal by Pub. L. 108–81. AMENDMENTS 2018—Subsec. (a)(2). Pub. L. 115–410, § 18(a)(1), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘supporting museums in building learning part- nerships with the Nation’s schools and developing mu- seum resources and programs in support of State and local school curricula;’’. Subsec. (a)(3)(D), (E). Pub. L. 115–410, § 18(a)(2), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (a)(5). Pub. L. 115–410, § 18(a)(5), added par. (5). Former par. (5) redesignated (6). Subsec. (a)(6). Pub. L. 115–410, § 18(a)(4), redesignated par. (5) as (6). Former par. (6) redesignated (7). Subsec. (a)(6)(C). Pub. L. 115–410, § 18(a)(6)(B), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (a)(6)(D). Pub. L. 115–410, § 18(a)(6)(A), (C), re- designated subpar. (C) as (D) and inserted ‘‘tribal,’’ after ‘‘regional,’’. Former subpar. (D) redesignated (E). Subsec. (a)(6)(E), (F). Pub. L. 115–410, § 18(a)(6)(A), (D), redesignated subpars. (D) and (E) as (E) and (F), respec- tively. Subsec. (a)(6)(G). Pub. L. 115–410, § 18(a)(6)(D)–(F), added subpar. (G). Subsec. (a)(7). Pub. L. 115–410, § 18(a)(4), (7), redesig- nated par. (4) as (7), struck it out, and added a new par. Page 1693 TITLE 20—EDUCATION § 9175 (7). Prior to amendment, par. read as follows: ‘‘sup- porting 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;’’. Pub. L. 115–410, § 18(a)(3), struck out par. (7) which read as follows: ‘‘supporting museums in providing services to people of diverse geographic, cultural, and socioeconomic backgrounds and to individuals with dis- abilities;’’. Subsec. (a)(8). Pub. L. 115–410, § 18(a)(8), added par. (8) and struck out former par. (8) which read as follows: ‘‘supporting museums in developing and carrying out specialized programs for specific segments of the pub- lic, such as programs for urban neighborhoods, rural areas, Indian reservations, and State institutions;’’. Subsec. (a)(12), (13). Pub. L. 115–410, § 18(a)(9)–(11), added pars. (12) and (13). Subsec. (c)(2). Pub. L. 115–410, § 18(c)(1)(A), inserted period at end. Subsec. (c)(3)(A). Pub. L. 115–410, § 18(c)(1)(B)(i), amended subpar. (A) of par. (3) to duplicate amendment made by Pub. L. 111–340, § 303(2)(C)(i), which had been directed to subpar. (A) of par. (2) but executed to par. (3) to reflect the probable intent of Congress, thus re- sulting in no change in text. See 2010 Amendment note below. Subsec. (c)(3)(B). Pub. L. 115–410, § 18(c)(1)(B)(ii), amended subpar. (B) of par. (3) to duplicate amendment made by Pub. L. 111–340, § 303(2)(C)(ii), which had been directed to subpar. (B) of par. (2) but executed to par. (3) to reflect the probable intent of Congress, thus re- sulting in no change in text. See 2010 Amendment note below. Subsec. (d). Pub. L. 115–410, § 18(b), (c)(2), substituted ‘‘2.25 percent’’ for ‘‘1.75 percent’’ and made technical amendment to reference in original act which appears in text as reference to section 9176 of this title. 2015—Subsec. (d). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of this title. 2010—Subsec. (a). Pub. L. 111–340, § 303(1)(A), inserted ‘‘, States, local governments,’’ after ‘‘with museums’’ in introductory provisions. Subsec. (a)(3) to (5). Pub. L. 111–340, § 303(1)(B), (C), added pars. (3) to (5), redesignated former par. (5) as (6), and struck out former pars. (3) and (4) which read as follows: ‘‘(3) supporting museums in assessing, conserving, re- searching, maintaining, and exhibiting their collec- tions, and in providing educational programs to the public through the use of their collections; ‘‘(4) stimulating greater collaboration among muse- ums, libraries, schools, and other community organiza- tions in order to share resources and strengthen com- munities;’’. Subsec. (a)(6). Pub. L. 111–340, § 303(1)(B), (D), redesig- nated par. (5) as (6) and substituted ‘‘media, including new ways to disseminate information,’’ for ‘‘broadcast media’’. Former par. (6) redesignated (7). Subsec. (a)(7), (8). Pub. L. 111–340, § 303(1)(B), redesig- nated pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9). Subsec. (a)(9). Pub. L. 111–340, § 303(1)(B), (E), redesig- nated par. (8) as (9) and substituted ‘‘, and the skills of museum staff, at all levels, and to support the develop- ment of the next generation of museum leaders and professionals,’’ for ‘‘at all levels,’’. Former par. (9) re- designated (10). Subsec. (a)(10), (11). Pub. L. 111–340, § 303(1)(B), redes- ignated pars. (9) and (10) as (10) and (11), respectively. Subsec. (c)(2), (3). Pub. L. 111–340, § 303(2)(A), (B), added par. (2) and redesignated former par. (2) as (3). Subsec. (c)(3)(A). Pub. L. 111–340, § 303(2)(C)(i), which directed that ‘‘awards’’ be struck out after ‘‘assist- ance’’ in subpar. (A) of par. (2), was executed by making the amendment in subpar. (A) of par. (3) to reflect the probable intent of Congress and the intervening redes- ignation of par. (2) as (3). See above. Subsec. (c)(3)(B). Pub. L. 111–340, § 303(2)(C)(ii), which directed the substitution of ‘‘. Subsequent’’ for ‘‘, but subsequent’’ in subpar. (B) of par. (2), was executed by making the amendment in subpar. (B) of par. (3) to re- flect the probable intent of Congress and the inter- vening redesignation of par. (2) as (3). See above. 2003—Pub. L. 108–81, § 303, amended section catchline and text generally. Prior to amendment, section con- tained provisions which in subsec. (a) authorized the Director to make grants to museums to pay for the Federal share of the cost of increasing and improving museum services, in subsec. (b) authorized the Director to enter into contracts and cooperative agreements with appropriate entities to pay for the Federal share of enabling the entities to undertake projects designed to strengthen museum services, in subsec. (c) estab- lished the Federal share, and in subsec. (d) required the Director to establish procedures for reviewing and eval- uating grants, contracts, and cooperative agreements entered into under this subchapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 9174. Repealed. Pub. L. 108–81, title III, § 304, Sept. 25, 2003, 117 Stat. 1002 Section, Pub. L. 94–462, title II, § 274, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–304, related to National Award for Museum Service. § 9175. 21st century museum professional pro- gram (a) Purpose It is the purpose of this section to develop and enhance the diverse workforce of museum pro- fessionals in order to best anticipate and serve the needs of their local communities and the public by— (1) recruiting and educating future museum professionals from diverse and underrep- resented backgrounds, including through en- couraging middle or high school students and postsecondary students to pursue careers and build skills in museum services; (2) developing museum leaders from diverse and underrepresented backgrounds, including by increasing the capacity of institutions that offer early career and mid-career professional development, specialized training, and leader- ship programs that directly relate to museum studies and management; and (3) supporting the professional development of current museum professionals and the mu- seum workforce to enable them to meet iden- tified needs of their communities. (b) Activities From the amounts provided under section 9176 of this title, the Director may enter into ar- rangements, including grants, contracts, cooper- ative agreements, and other forms of assistance, with museums, museum consortia and associa- tions, institutions of higher education (as de- fined in section 9165(b) of this title), and other entities that the Director determines appro- priate, for projects that further the purpose of this section, such as projects that—