One Hundred Eleventh Congress of the United States of America
2d Session
Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
S. 3984
AN ACT
To amend and extend the Museum and Library Services Act, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the
Museum and Library Services Act of
2010
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
TITLE I—General provisions
Sec. 101. General definitions.
Sec. 102. Responsibilities of Director.
Sec. 103. Personnel.
Sec. 104. Board.
Sec. 105. Awards and medals.
Sec. 106. Research and analysis.
Sec. 107. Hearings.
Sec. 108. Administrative funds.
TITLE II—Library Services and Technology
Sec. 201. Purposes.
Sec. 202. Authorization of appropriations.
Sec. 203. Reservations and allotments.
Sec. 204. State plans.
Sec. 205. Grants.
Sec. 206. Grants, contracts, or cooperative agreements.
Sec. 207. Laura Bush 21st Century Librarian Program.
Sec. 208. Conforming amendments.
TITLE III—Museum services
Sec. 301. Purpose.
Sec. 302. Definitions.
Sec. 303. Museum services activities.
Sec. 304. Authorization of appropriations.
TITLE IV—Repeal of the National Commission on Libraries and Information Science Act
Sec. 401. Repeal.
References
Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Museum and Library Services Act (20 U.S.C. 9101 et seq.).
General provisions
General definitions
Section 202 (20 U.S.C. 9101) is amended—
by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and
by inserting after paragraph (1) the following:
Digital literacy skills
The term digital literacy skills means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information.
.
Responsibilities of Director
Section 204 (20 U.S.C. 9103) is amended—
by striking subsection (c) and inserting the following:
Duties and powers
Primary responsibility
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.
Duties
In carrying out the responsibility described in paragraph (1), the Director shall—
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;
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;
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
ensure that museum, library, and information services are fully integrated into the information and education infrastructures of the United States.
;
by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and
by striking subsection (e) and inserting the following:
Interagency agreements
The Director may—
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
use funds appropriated under this Act for the costs of such activities.
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—
activities under section 1251 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6383);
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));
activities under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) (including activities under section 134(c) of such Act) (29 U.S.C. 2864(c)); and
Federal programs and activities that increase the capacity of libraries and museums to act as partners in economic and community development, education and research, improving digital literacy skills, and disseminating health information.
Interagency Collaboration
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, and the Director of the Office of Management and Budget, or the designees of such individuals, on—
initiatives, materials, or technology to support workforce development activities undertaken by libraries;
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
initiatives, materials, or technology to support educational, cultural, historical, scientific, environmental, and other activities undertaken by museums.
.
Personnel
Section 206 (20 U.S.C. 9105) is amended—
by striking paragraph (2) of subsection (b) and inserting the following:
Number and compensation
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.
Rate of compensation
In general
Except as provided in clause (ii), the rate of basic compensation for the employees appointed and compensated under paragraph (1) may not exceed the rate prescribed for level GS–15 of the General Schedule under section 5332 of title 5, United States Code.
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 exceed the rate of basic pay in effect for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
; and
by adding at the end the following:
Experts and consultants
The Director may use experts and consultants, including panels of experts, who may be employed as authorized under section 3109 of title 5, United States Code.
.
Board
Section 207 (20 U.S.C. 9105a) is amended—
in subsection (b)—
in paragraph (1)—
by striking subparagraph (D); and
by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
in paragraph (2)—
in the matter preceding clause (i) of
subparagraph (A), by striking (1)(E)
and inserting
(1)(D)
; and
in the matter preceding clause (i) of
subparagraph (B), by striking (1)(F)
and inserting
(1)(E)
; and
in paragraph (4)—
by inserting and
after
Library Services,
; and
by striking , and the Chairman of
the National Commission on Library and Information Science
;
in subsection (c)—
in paragraph (1)—
by striking Except as otherwise
provided in this subsection, each
and inserting Each
;
and
by striking (E) or (F)
and
inserting (D) or (E)
; and
in paragraph (2), by striking
Initial board
appointments.—
and all that follows through The
terms of the first members
and inserting the following:
Authority to adjust
terms.—The terms of the members
;
in subsection (d)—
in paragraph (1), by striking
relating to museum and library services, including financial assistance
awarded under this title
and inserting relating to museum,
library, and information services
; and
by striking paragraph (2) and inserting the following:
National awards and medals
The Museum and Library Services Board shall advise the Director in awarding national awards and medals under section 209.
; and
in subsection (i), by striking take
steps to ensure that the policies and activities of the Institute are
coordinated with other activities of the Federal Government
and
inserting coordinate the development and implementation of policies and
activities as described in subsections (f) and (g) of section
204
.
Awards and medals
Section 209 (20 U.S.C. 9107) is amended to read as follows:
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.
.
Research and analysis
Section 210 (20 U.S.C. 9108) is amended to read as follows:
Policy research, analysis, data collection, and dissemination
In general
The Director shall annually conduct policy research, analysis, and data collection to extend and improve the Nation's museum, library, and information services.
Requirements
The policy research, analysis, and data collection shall be conducted in ongoing collaboration (as determined appropriate by the Director), and in consultation, with—
State library administrative agencies;
national, State, and regional library and museum organizations; and
other relevant agencies and organizations.
Objectives
The policy research, analysis, and data collection shall be used to—
identify national needs for and trends in museum, library, and information services;
measure and report on the impact and effectiveness of museum, library, and information services throughout the United States, including the impact of Federal programs authorized under this Act;
identify best practices; and
develop plans to improve museum, library, and information services of the United States and to strengthen national, State, local, regional, and international communications and cooperative networks.
Dissemination
Each year, the Director shall widely disseminate, as appropriate to accomplish the objectives under subsection (c), the results of the policy research, analysis, and data collection carried out under this section.
Authority To contract
The Director is authorized—
to enter into contracts, grants, cooperative agreements, and other arrangements with Federal agencies and other public and private organizations to carry out the objectives under subsection (c); and
to publish and disseminate, in a form determined appropriate by the Director, the reports, findings, studies, and other materials prepared under paragraph (1).
Authorization of appropriations
In general
There are authorized to be appropriated to carry out this section $3,500,000 for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 through 2016.
Availability of funds
Sums appropriated under paragraph (1) for any fiscal year shall remain available for obligation until expended.
.
Hearings
Subtitle A (20 U.S.C. 9101 et seq.) is amended by adding at the end the following:
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 subtitle.
.
Administrative funds
Subtitle A (20 U.S.C. 9101 et seq.), as amended by section 107, is further amended by adding at the end the following:
Administrative funds
Notwithstanding any other provision of this Act, the Director shall establish one account to be used to pay the Federal administrative costs of carrying out this Act, and not more than a total of 7 percent of the funds appropriated under sections 210(f), 214, and 275 shall be placed in such account.
.
Library Services and Technology
Purposes
Section 212 (20 U.S.C. 9121) is amended—
by striking paragraph (1) and inserting the following:
to enhance coordination among Federal programs that relate to library and information services;
;
in paragraph (2), by inserting
continuous
after promote
;
in paragraph (3), by striking
and
after the semicolon;
in paragraph (4), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
to promote literacy, education, and lifelong learning and to enhance and expand the services and resources provided by libraries, including those services and resources relating to workforce development, 21st century skills, and digital literacy skills;
to enhance the skills of the current library workforce and to recruit future professionals to the field of library and information services;
to ensure the preservation of knowledge and library collections in all formats and to enable libraries to serve their communities during disasters;
to enhance the role of libraries within the information infrastructure of the United States in order to support research, education, and innovation; and
to promote library services that provide users with access to information through national, State, local, regional, and international collaborations and networks.
.
Authorization of appropriations
Section 214 (20 U.S.C. 9123) is amended—
by striking subsection (a) and inserting the following:
In general
There are authorized to be appropriated—
to carry out chapters 1, 2, and 3, $232,000,000 for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 through 2016; and
to carry out chapter 4, $24,500,000 for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 through 2016.
; and
by striking subsection (c).
Reservations and allotments
Section 221(b)(3) (20 U.S.C. 9131(b)(3)) is amended—
in subparagraph (A)—
by striking $340,000
and
inserting $680,000
; and
by striking $40,000
and
inserting $60,000
;
by striking subparagraph (C); and
by redesignating subparagraph (D) as subparagraph (C).
State plans
Section 224 (20 U.S.C. 9134) is amended—
in subsection (b)—
by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
after paragraph (5), by inserting the following:
describe how the State library administrative agency will work with other State agencies and offices where appropriate to coordinate resources, programs, and activities and leverage, but not replace, the Federal and State investment in—
elementary and secondary education, including coordination with the activities within the State that are supported by a grant under section 1251 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6383);
early childhood education, including coordination with—
the State's activities carried out under subsections (b)(4) and (e)(1) of section 642 of the Head Start Act (42 U.S.C. 9837); and
the activities described in the State's strategic plan in accordance with section 642B(a)(4)(B)(i) of such Act (42 U.S.C. 9837b(a)(4)(B)(i));
workforce development, including coordination with—
the activities carried out by the State workforce investment board under section 111(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(d)); and
the State's one-stop delivery system established under section 134(c) of such Act (29 U.S.C. 2864(c)); and
other Federal programs and activities that relate to library services, including economic and community development and health information;
; and
in subsection (e)(2), by inserting ,
including through electronic means
before the period at the end.
Grants
Section 231 (20 U.S.C. 9141) is amended—
in subsection (a)—
in paragraph (1), by inserting before the
semicolon the following: in order to support such individuals' needs for
education, lifelong learning, workforce development, and digital literacy
skills
;
in paragraph (2), by striking
electronic networks;
and inserting collaborations and
networks; and
;
by redesignating paragraph (2) (as amended by subparagraph (B)) as paragraph (7), and by moving such paragraph so as to appear after paragraph (6);
by striking paragraph (3);
by inserting after paragraph (1) the following:
establishing or enhancing electronic and other linkages and improved coordination among and between libraries and entities, as described in section 224(b)(6), for the purpose of improving the quality of and access to library and information services;
providing training and professional development, including continuing education, to enhance the skills of the current library workforce and leadership, and advance the delivery of library and information services; and
enhancing efforts to recruit future professionals to the field of library and information services;
;
in paragraph (5), by striking
and
after the semicolon;
in paragraph (6), by striking the period and inserting a semicolon; and
by adding at the end the following:
carrying out other activities consistent with the purposes set forth in section 212, as described in the State library administrative agency's plan.
; and
by striking subsection (b) and inserting the following:
Special rule
Each State library administrative agency receiving funds under this chapter may apportion the funds available for the priorities described in subsection (a) as appropriate to meet the needs of the individual State.
.
Grants, contracts, or cooperative agreements
Section 262(a) (20 U.S.C. 9162(a)) is amended—
by striking paragraphs (1) and (2) and inserting the following:
building workforce and institutional capacity for managing the national information infrastructure and serving the information and education needs of the public;
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 technologies, including projects that enable library users to acquire digital literacy skills and that make information resources more accessible and available; and
dissemination of information derived from such projects;
; and
in paragraph (3)—
by striking digitization
and
inserting digitizing
; and
by inserting , including the
development of national, regional, statewide, or local emergency plans that
would ensure the preservation of knowledge and library collections in the event
of a disaster
before ; and
.
Laura Bush 21st Century Librarian Program
Subtitle B (20 U.S.C. 9121 et seq.) is amended by adding at the end the following:
Laura Bush 21st Century Librarians
Laura Bush 21st Century Librarian Program
Purpose
It is the purpose of this chapter to develop a diverse workforce of librarians by—
recruiting and educating the next generation of librarians, including by encouraging middle or high school students and postsecondary students to pursue careers in library and information science;
developing faculty and library leaders, including by increasing the institutional capacity of graduate schools of library and information science; and
enhancing the training and professional development of librarians and the library workforce to meet the needs of their communities, including those needs relating to literacy and education, workforce development, lifelong learning, and digital literacy.
Activities
From the amounts provided under section 214(a)(2), 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 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), and other entities that the Director determines appropriate, for projects that further the purpose of this chapter, such as projects that—
increase the number of students enrolled in nationally accredited graduate library and information science programs and preparing for careers of service in libraries;
recruit future professionals, including efforts to attract promising middle school, high school, or postsecondary students to consider careers in library and information science;
develop or enhance professional development programs for librarians and the library workforce;
enhance curricula within nationally accredited graduate library and information science programs;
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
conduct research, including research to support the successful recruitment and education of the next generation of librarians.
Evaluation
The Director shall establish procedures for reviewing and evaluating projects supported under this chapter.
.
Conforming amendments
The National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951 et seq.) is amended—
in section 4(a) (20 U.S.C. 953(a)), by
striking Institute of Museum Services
and inserting
Institute of Museum and Library Services
; and
in section 9 (20 U.S.C. 958), by striking
Institute of Museum Services
each place the term appears and
inserting Institute of Museum and Library Services
.
Museum services
Purpose
Section 272 (20 U.S.C. 9171) is amended—
in paragraph (3), by inserting
through international, national, regional, State, and local networks and
partnerships
after services
;
in paragraph (5), by striking
and
after the semicolon;
in paragraph (6), by striking the period and inserting a semicolon; and
by adding at the end the following:
to encourage and support museums as a part of economic development and revitalization in communities;
to ensure museums of various types and sizes in diverse geographic regions of the United States are afforded attention and support; and
to support efforts at the State level to leverage museum resources and maximize museum services.
.
Definitions
Section 273(1) (20 U.S.C. 9172(1)) is
amended by inserting includes museums that have tangible and digital
collections and
after Such term
.
Museum services activities
Section 274 (20 U.S.C. 9173) is amended—
in subsection (a)—
in the matter preceding paragraph (1), by
inserting , States, local governments,
after with
museums
;
by redesignating paragraphs (5) through (10) as paragraphs (6) through (11), respectively;
by striking paragraphs (3) and (4) and inserting the following:
supporting the conservation and preservation of museum collections, including efforts to—
provide optimal conditions for storage, exhibition, and use;
prepare for and respond to disasters and emergency situations;
establish endowments for conservation; and
train museum staff in collections care;
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;
stimulating greater collaboration, in order to share resources and strengthen communities, among museums and—
libraries;
schools;
international, Federal, State, regional, and local agencies or organizations;
nongovernmental organizations; and
other community organizations;
;
in paragraph (6) (as redesignated by
subparagraph (B)), by striking broadcast media
and inserting
media, including new ways to disseminate information,
;
and
in paragraph (9) (as redesignated by
subparagraph (B)), by striking at all levels,
and inserting
, and the skills of museum staff, at all levels, and to support the
development of the next generation of museum leaders and
professionals,
; and
in subsection (c)—
by redesignating paragraph (2) as paragraph (3);
by inserting after paragraph (1) the following:
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
; and
in paragraph (2)—
in subparagraph (A), by striking
awards
; and
in subparagraph (B), by striking ,
but subsequent
and inserting . Subsequent
.
Authorization of appropriations
Section 275 (20 U.S.C. 9176) is amended—
by striking subsection (a) and inserting the following:
Grants
For the purpose of carrying out this subtitle, there are authorized to be appropriated to the Director $38,600,000 for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 through 2016.
;
by striking subsection (b);
by redesignating subsection (c) as subsection (b); and
by adding at the end the following:
Funding Rules
Notwithstanding any other provision of this subtitle, if the amount appropriated under subsection (a) for a fiscal year is greater than the amount appropriated under such subsection for fiscal year 2011 by more than $10,000,000, then an amount of not less than 30 percent but not more than 50 percent of the increase in appropriated funds shall be available, from the funds appropriated under such subsection for the fiscal year, to enter into arrangements under section 274 to carry out the State assessments described in section 274(a)(4) and to assist States in the implementation of such plans.
.
Repeal of the National Commission on Libraries and Information Science Act
Repeal
In general
The National Commission on Libraries and Information Science Act (20 U.S.C. 1501 et seq.) is repealed.
Transfer of functions
The functions that the National Commission on Libraries and Information Science exercised before the date of enactment of this Act shall be transferred to the Institute of Museum and Library Services established under section 203 of the Museum and Library Services Act (20 U.S.C. 9102).
Transfer and allocation of appropriations and personnel
The personnel and the assets, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available for the functions and activities vested by law in the National Commission on Libraries and Information Science shall be transferred to the Institute of Museum and Library Services upon the date of enactment of this Act.
References
Any reference to the National Commission on Libraries and Information Science in any Federal law, Executive Order, rule, delegation of authority, or document shall be construed to refer to the Institute of Museum and Library Services when the reference regards functions transferred under subsection (b).
Speaker of the House of Representatives
Vice President of the United States and President of the Senate