20 U.S.C. § 9105a — National Museum and Library Services

Page 1675 TITLE 20—EDUCATION § 9105a rates), such technical and professional em- ployees as the Director determines to be nec- essary to carry out the duties of the Institute. (2) Number and compensation (A) In general 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. (B) Rate of compensation (i) In general Except as provided in clause (ii), the rate of basic compensation for the employees appointed and compensated under para- graph (1) may not exceed the rate pre- scribed for level GS–15 of the General Schedule under section 5332 of title 5. (ii) Exception 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 ex- ceed the rate of basic pay in effect for posi- tions at level IV of the Executive Schedule under section 5315 of title 5. (c) Voluntary services The Director may accept and utilize the vol- untary 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 sec- tion 5703 of title 5 for persons employed inter- mittently in Federal Government service. (d) Experts and consultants The Director may use experts and consultants, including panels of experts, who may be em- ployed as authorized under section 3109 of title 5. (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; amend- ed Pub. L. 105–128, § 2, Dec. 1, 1997, 111 Stat. 2548; Pub. L. 111–340, title I, § 103, Dec. 22, 2010, 124 Stat. 3596.) Editorial Notes PRIOR PROVISIONS A prior section 206 of Pub. L. 94–462 was classified to section 965 of this title prior to the general amendment of title II of Pub. L. 94–462 by Pub. L. 104–208. AMENDMENTS 2010—Subsec. (b)(2). Pub. L. 111–340, § 103(1), added par.(2) and struck out heading and text of former par. (2). Prior to amendment, text read as follows: ‘‘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 ap- pointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS–15 of the Gen- eral Schedule under section 5332 of title 5.’’ Subsec. (d). Pub. L. 111–340, § 103(2), added subsec. (d). 1997—Subsecs. (b), (c). Pub. L. 105–128 added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries CONSIDERATION GIVEN TO INDIVIDUALS WITH EXPERIENCE Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 706], Sept. 30, 1996, 110 Stat. 3009–233, 3009–311, required Direc- tor of the Institute of Museum and Library Services to give strong consideration to individuals with experi- ence in administering State-based and national library and information services programs when appointing employees of the Office of Library Services, prior to re- peal by Pub. L. 108–81, title V, § 505(b), Sept. 25, 2003, 117 Stat. 1004. § 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. (C) The Deputy Director for the Office of Museum Services. (D) Ten members appointed by the Presi- dent, from among individuals who are citi- zens of the United States and who are spe- cially 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 Presi- dent, from among individuals who are citi- zens of the United States and who are spe- cially qualified by virtue of their education, training, or experience in the area of mu- seum services, or their commitment to mu- seums. (2) Special qualifications (A) Library members Of the members of the Museum and Li- brary Services Board appointed under para- graph (1)(D)— (i) five shall be professional librarians or information specialists, of whom— (I) not less than one shall be knowl- edgeable about electronic information and technical aspects of library and in- formation services and sciences; and (II) not less than one other shall be knowledgeable about the library and in- formation service needs of underserved communities, including rural commu- nities; 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 Li- brary Services Board appointed under para- graph (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 Page 1676 TITLE 20—EDUCATION § 9105a of museums, including museums relating to science, history, technology, art, zoos, botanical gardens, and museums de- signed for children; and (ii) the remainder shall be individuals recognized for their broad knowledge, ex- pertise, or experience in museums or com- mitment to museums. (3) Geographic and other representation Members of the Museum and Library Serv- ices Board shall be appointed to reflect per- sons from, and the needs of, various geo- graphic regions of the United States, including rural areas. 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 per- sons with disabilities who are involved with museums and libraries. (4) Voting The Director, the Deputy Director of the Of- fice of Library Services, the Deputy Director of the Office of Museum Services, and the Gen- eral Counsel of the Institute shall be non- voting members of the Museum and Library Services Board. (c) Terms (1) In general Each member of the Museum and Library Services Board appointed under subparagraph (D) or (E) of subsection (b)(1) shall serve for a term of 5 years. (2) Authority to adjust terms The terms of the members appointed to the Museum and Library Service Board shall be adjusted by the President as necessary to en- sure that the terms of not more than four members expire in the same year. Such adjust- ments shall be carried out through designa- tion of the adjusted term at the time of ap- pointment. (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 ap- pointed. (4) Reappointment No appointive member of the Museum and Library Services Board who has been a mem- ber 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 Mu- seum and Library Services Board shall serve after the expiration of the term of the member until the successor to the member takes of- fice. (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 author- ity of the Institute relating to museum, li- brary, and information services. (2) National awards and medals The Museum and Library Services Board shall advise the Director in awarding national awards and medals under section 9107 of this title. (e) Chairperson The Director shall serve as Chairperson of the Museum and Library Services Board. (f) Secretary The General Counsel of the Institute shall serve as Secretary of the Museum and Library Services Board. (g) 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 ma- jority vote of the members of the Board who are present and authorized to vote. (h) Quorum A majority of the voting members of the Mu- seum and Library Services Board shall con- stitute a quorum for the conduct of business at official meetings, but a lesser number of mem- bers may hold hearings. (i) Compensation and travel expenses (1) Compensation Each member of the Museum and Library Services Board who is not an officer or em- ployee of the Federal Government may be compensated at a rate to be fixed by the Presi- dent, but not to exceed the daily equivalent of the maximum annual rate of pay authorized for a position above grade GS–15 of the Gen- eral 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. (j) Coordination 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. (Pub. L. 94–462, title II, § 207, as added Pub. L. 108–81, title I, § 104(2), Sept. 25, 2003, 117 Stat. 993; Page 1677 TITLE 20—EDUCATION § 9108 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.) Editorial Notes PRIOR PROVISIONS A prior section 207 of Pub. L. 94–462 was renumbered section 208 and is classified to section 9106 of this title. Another prior section 207 of Pub. L. 94–462 was classi- fied to section 966 of this title prior to the general amendment of title II of Pub. L. 94–462 by Pub. L. 104–208. AMENDMENTS 2018—Subsec. (b)(2)(A)(i)(II). Pub. L. 115–410, § 4(1), in- serted ‘‘, including rural communities’’ after ‘‘under- served communities’’. Subsec. (b)(3). Pub. L. 115–410, § 4(2), in first sentence, inserted ‘‘, and the needs of,’’ after ‘‘persons from’’ and ‘‘, including rural areas’’ after ‘‘United States’’. Subsec. (b)(4). Pub. L. 115–410, § 4(3), substituted ‘‘the Deputy Director of the Office of Museum Services, and the General Counsel of the Institute’’ for ‘‘and the Dep- uty Director of the Office of Museum Services’’. Subsecs. (f) to (j). Pub. L. 115–410, § 4(4), (5), added sub- sec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively. 2012—Subsec. (b)(1)(D), (E). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ after ‘‘President’’. 2010—Subsec. (b)(1)(D) to (F). Pub. L. 111–340, § 104(1)(A), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: ‘‘The Chairman of the National Commission on Libraries and Information Science.’’ Subsec. (b)(2)(A). Pub. L. 111–340, § 104(1)(B)(i), sub- stituted ‘‘(1)(D)’’ for ‘‘(1)(E)’’ in introductory provi- sions. Subsec. (b)(2)(B). Pub. L. 111–340, § 104(1)(B)(ii), sub- stituted ‘‘(1)(E)’’ for ‘‘(1)(F)’’ in introductory provi- sions. Subsec. (b)(4). Pub. L. 111–340, § 104(1)(C), inserted ‘‘and’’ after ‘‘Library Services,’’ and struck out ‘‘, and the Chairman of the National Commission on Library and Information Science’’ before ‘‘shall’’. Subsec. (c)(1). Pub. L. 111–340, § 104(2)(A), substituted ‘‘Each’’ for ‘‘Except as otherwise provided in this sub- section, each’’ and ‘‘(D) or (E)’’ for ‘‘(E) or (F)’’. Subsec. (c)(2). Pub. L. 111–340, § 104(2)(B), substituted ‘‘Authority to adjust terms’’ for ‘‘Initial Board ap- pointments’’ in heading, struck out subpars. (A) and (B) related to treatment of members serving on effective date and first appointments and subpar. (C) designation and heading, and substituted ‘‘The terms of the mem- bers’’ for ‘‘The terms of the first members’’. Subsec. (d)(1). Pub. L. 111–340, § 104(3)(A), substituted ‘‘relating to museum, library, and information serv- ices’’ for ‘‘relating to museum and library services, in- cluding financial assistance awarded under this chap- ter’’. Subsec. (d)(2). Pub. L. 111–340, § 104(3)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The Museum and Library Serv- ices Board shall advise the Director in making awards under section 9107 of this title.’’ Subsec. (i). Pub. L. 111–340, § 104(4), substituted ‘‘co- ordinate the development and implementation of poli- cies and activities as described in subsections (f) and (g) of section 9103 of this title’’ for ‘‘take steps to en- sure that the policies and activities of the Institute are coordinated with other activities of the Federal Gov- ernment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. § 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 prop- erty or services in furtherance of the functions of the Institute. Any proceeds from such gifts, bequests, or devises, after acceptance by the In- stitute, shall be paid by the donor or the rep- resentative of the donor to the Director. The Di- rector shall enter the proceeds in a special-in- terest bearing account to the credit of the Insti- tute 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.) Editorial Notes AMENDMENTS 2003—Pub. L. 108–81, § 504(e), which directed substi- tution of ‘‘property or services’’ for ‘‘property of serv- ices’’, could not be executed because the words ‘‘prop- erty of services’’ did not appear in text. § 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 con- tributions 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.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–340 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The Director, with the advice of the Museum and Library Services Board, may annually award Na- tional Awards for Library Service and National Awards for Museum Service to outstanding libraries and out- standing museums, respectively, that have made sig- nificant contributions in service to their commu- nities.’’ § 9108. Policy research, data collection, analysis and modeling, evaluation, and dissemination (a) In general The Director shall regularly support and con- duct, as appropriate, policy research, data col- lection, analysis and modeling, evaluation, and dissemination of information to extend and im- prove the Nation’s museum, library, and infor- mation services. (b) Objectives The objectives of the policy research, data col- lection, analysis and modeling, evaluation, and