Sec. 9101. General definitions

As used in this chapter:
(1) Determined to be obscene
The term "determined to be obscene" means determined, in a
final judgment of a court of record and of competent jurisdiction
in the United States, to be obscene.
(2) Director
The term "Director" means the Director of the Institute
appointed under section 9103 of this title.
(3) Final judgment
The term "final judgment" means a judgment that is -
(A) not reviewed by any other court that has authority to
review such judgment; or
(B) not reviewable by any other court.
(4) Indian tribe
The term "Indian tribe" means any tribe, band, nation, or other
organized group or community, including any Alaska native
village, regional corporation, or village corporation (as defined
in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized by
the Secretary of the Interior as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
(5) Institute
The term "Institute" means the Institute of Museum and Library
Services established under section 9102 of this title.
(6) Museum and Library Services Board
The term "Museum and Library Services Board" means the National
Museum and Library Services Board established under section 9105a
of this title.
(7) Obscene
The term "obscene" means, with respect to a project, that -
(A) the average person, applying contemporary community
standards, would find that such project, when taken as a whole,
appeals to the prurient interest;
(B) such project depicts or describes sexual conduct in a
patently offensive way; and
(C) such project, when taken as a whole, lacks serious
literary, artistic, political, or scientific value.

(Pub. L. 94-462, title II, Sec. 202, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-294; amended Pub. L. 108-81, title I, Sec.
101, Sept. 25, 2003, 117 Stat. 992.)

REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in par. (4),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which
is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
43, Public Lands. For complete classification of this Act to the
Code, see Short Title note set out under section 1601 of Title 43
and Tables.

PRIOR PROVISIONS
A prior section 202 of Pub. L. 94-462 was classified to section
961 of this title prior to the general amendment of title II of
Pub. L. 94-462 by Pub. L. 104-208.

AMENDMENTS
2003 - Par. (1). Pub. L. 108-81, Sec. 101(1), added par. (1) and
struck out heading and text of former par. (1). Text read as
follows: "The term 'Commission' means the National Commission on
Libraries and Information Science established under section 1502 of
this title."
Pars. (3) to (5). Pub. L. 108-81, Sec. 101(2)-(4), added pars.
(3) and (4), redesignated former par. (3) as (5), and struck out
heading and text of former par. (4). Text read as follows: "The
term 'Museum Board' means the National Museum Services Board
established under section 9175 of this title."
Pars. (6), (7). Pub. L. 108-81, Sec. 101(5), added pars. (6) and
(7).

EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-81, title V, Sec. 506, Sept. 25, 2003, 117 Stat.
1005, provided that: "The amendments made by this Act [enacting
sections 9105a and 9107 to 9109 of this title, amending this
section, sections 956a, 974, 1503 to 1505, 9102, 9103, 9106, 9121
to 9123, 9131, 9134, 9141, 9162, 9171 to 9173, and 9176 of this
title, and section 170 of Title 26, Internal Revenue Code,
repealing sections 9174 and 9175 of this title, enacting provisions
set out as a note under this section, and repealing provisions set
out as notes under sections 9102, 9103, and 9105 of this title]
shall take effect on the date of enactment of this Act [Sept. 25,
2003], except that the amendments made by sections 203, 204, and
305 of this Act [amending sections 9123, 9131, and 9176 of this
title] shall take effect on October 1, 2003."

SHORT TITLE OF 2003 AMENDMENT
Pub. L. 108-81, Sec. 1, Sept. 25, 2003, 117 Stat. 991, provided
that: "This Act [enacting sections 9105a and 9107 to 9109 of this
title, amending this section, sections 956a, 974, 1503 to 1505,
9102, 9103, 9106, 9121 to 9123, 9131, 9134, 9141, 9162, 9171 to
9173, and 9176 of this title, and section 170 of Title 26, Internal
Revenue Code, repealing sections 9174 and 9175 of this title,
enacting provisions set out as notes under this section and section
956a of this title, and repealing provisions set out as notes under
sections 9102, 9103, and 9105 of this title] may be cited as the
'Museum and Library Services Act of 2003'."

SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-128, Sec. 1, Dec. 1, 1997, 111 Stat. 2548, provided
that: "This Act [amending sections 9105, 9122, 9131, 9133, 9161,
and 9162 of this title] may be cited as the 'Museum and Library
Services Technical and Conforming Amendments of 1997'."

SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
701], Sept. 30, 1996, 110 Stat. 3009-233, 3009-293, provided that:
"This title [enacting this chapter, amending sections 1069b, 1504,
1505, 3441, 3473, 3489, 6621, 6645, 6648, 6649, 6813, 8091, 8102,
and 8104 of this title, section 5315 of Title 5, Government
Organization and Employees, section 276d-3 of former Title 40,
Public Buildings, Property, and Works, section 214 of former Title
40, Appendix, section 3338 of Title 42, The Public Health and
Welfare, section 254 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs, and section 1666 of Title 48, Territories and
Insular Possessions, repealing sections 351 to 386g, 1021 to 1047,
1221i, and 7001 to 7005 of this title, enacting provisions set out
under this section and sections 9102, 9103, and 9105 of this title,
and repealing provisions set out as notes under sections 351 and
1029 of this title] may be cited as the 'Museum and Library
Services Act of 1996'."

SHORT TITLE
Pub. L. 94-462, title II, Sec. 201, as added by Pub. L. 104-208,
div. A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996,
110 Stat. 3009-233, 3009-293, provided that: "This title [enacting
this chapter] may be cited as the 'Museum and Library Services
Act'."
Pub. L. 94-462, title II, Sec. 211, as added by Pub. L. 104-208,
div. A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996,
110 Stat. 3009-233, 3009-295, provided that: "This subtitle
[subtitle B (Secs. 211-263) of title II of Pub. L. 94-462, enacting
subchapter II of this chapter] may be cited as the 'Library
Services and Technology Act'."
Pub. L. 94-462, title II, Sec. 271, as added by Pub. L. 108-81,
title III, Sec. 306(2), Sept. 25, 2003, 117 Stat. 1002, provided
that: "This subtitle [subtitle C (Secs. 271-276) of title II of
Pub. L. 94-462, enacting subchapter III of this chapter] may be
cited as the 'Museum Services Act'."

Sec. 9102. Institute of Museum and Library Services

(a) Establishment
There is established, within the National Foundation on the Arts
and the Humanities, an Institute of Museum and Library Services.
(b) Offices
The Institute shall consist of an Office of Museum Services and
an Office of Library Services.
(c) Museum and Library Services Board
There shall be a National Museum and Library Services Board
within the Institute, as provided under section 9105a of this
title.

(Pub. L. 94-462, title II, Sec. 203, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-294; amended Pub. L. 108-81, title I, Sec.
102, Sept. 25, 2003, 117 Stat. 992.)

PRIOR PROVISIONS
A prior section 203 of Pub. L. 94-462 was classified to section
962 of this title prior to the general amendment of title II of
Pub. L. 94-462 by Pub. L. 104-208.

AMENDMENTS
2003 - Subsec. (b). Pub. L. 108-81, Sec. 102(1), struck out at
end "There shall be a National Museum Services Board in the Office
of Museum Services."
Subsec. (c). Pub. L. 108-81, Sec. 102(2), added subsec. (c).

TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM SERVICES
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
704], Sept. 30, 1996, 110 Stat. 3009-233, 3009-307, provided for
transfer of functions from the Institute of Museum Services and the
Library Program Office to Director of Institute of Museum and
Library Services, prior to repeal by Pub. L. 108-81, title V, Sec.
505(b), Sept. 25, 2003, 117 Stat. 1004.

TRANSITION AND TRANSFER OF FUNDS
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
707], Sept. 30, 1996, 110 Stat. 3009-233, 3009-311, required
Director of the Office of Management and Budget to take appropriate
measures to ensure orderly transition from activities previously
administered by Director of Library Programs in the Office of
Educational Research and Improvement in the Department of Education
to the activities administered by the Institute for Museum and
Library Services, prior to repeal by Pub. L. 108-81, title V, Sec.
505(b), Sept. 25, 2003, 117 Stat. 1004.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9101 of this title.

Sec. 9103. Director of Institute

(a) Appointment
(1) In general
The Institute shall be headed by a Director, appointed by the
President, by and with the advice and consent of the Senate.
(2) Term
The Director shall serve for a term of 4 years.
(3) Qualifications
Beginning with the first individual appointed to the position
of Director after September 30, 1996, every second individual so
appointed shall be appointed from among individuals who have
special competence with regard to library and information
services. Beginning with the second individual appointed to the
position of Director after September 30, 1996, every second
individual so appointed shall be appointed from among individuals
who have special competence with regard to museum services.
(b) Compensation
The Director may be compensated at the rate provided for level
III of the Executive Schedule under section 5314 of title 5.
(c) Duties and powers
The Director shall perform such duties and exercise such powers
as may be prescribed by law, including awarding financial
assistance for activities described in this chapter.
(d) Nondelegation
The Director shall not delegate any of the functions of the
Director to any person who is not an officer or employee of the
Institute.
(e) Coordination
The Director shall ensure coordination of the policies and
activities of the Institute with the policies and activities of
other agencies and offices of the Federal Government having
interest in and responsibilities for the improvement of museums and
libraries and information services. Where appropriate, the Director
shall ensure that activities under subchapter II of this chapter
are coordinated with activities under section 6383 of this title.
(f) Regulatory authority
The Director may promulgate such rules and regulations as are
necessary and appropriate to implement the provisions of this
chapter.
(g) Application procedures
(1) In general
In order to be eligible to receive financial assistance under
this chapter, a person or agency shall submit an application in
accordance with procedures established by the Director by
regulation.
(2) Review and evaluation
The Director shall establish procedures for reviewing and
evaluating applications submitted under this chapter. Actions of
the Institute and the Director in the establishment,
modification, and revocation of such procedures under this
chapter are vested in the discretion of the Institute and the
Director. In establishing such procedures, the Director shall
ensure that the criteria by which applications are evaluated are
consistent with the purposes of this chapter, taking into
consideration general standards of decency and respect for the
diverse beliefs and values of the American public.
(3) Treatment of projects determined to be obscene
(A) In general
The procedures described in paragraph (2) shall include
provisions that clearly specify that obscenity is without
serious literary, artistic, political, or scientific merit, and
is not protected speech.
(B) Prohibition
No financial assistance may be provided under this chapter
with respect to any project that is determined to be obscene.
(C) Treatment of application disapproval
The disapproval of an application by the Director shall not
be construed to mean, and shall not be considered as evidence
that, the project for which the applicant requested financial
assistance is or is not obscene.

(Pub. L. 94-462, title II, Sec. 204, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-294; amended Pub. L. 108-81, title I, Sec.
103, Sept. 25, 2003, 117 Stat. 992.)

REFERENCES IN TEXT
This chapter, the second place it appears in subsec. (g)(2), was
in the original "this Act" and was translated as reading "this
title", meaning title II of Pub. L. 94-462, known as the Museum and
Library Services Act, to reflect the probable intent of Congress.

PRIOR PROVISIONS
A prior section 204 of Pub. L. 94-462 was classified to section
963 of this title prior to the general amendment of title II of
Pub. L. 94-462 by Pub. L. 104-208.

AMENDMENTS
2003 - Subsec. (e). Pub. L. 108-81, Sec. 103(1), inserted at end
"Where appropriate, the Director shall ensure that activities under
subchapter II of this chapter are coordinated with activities under
section 6383 of this title."
Subsecs. (f), (g). Pub. L. 108-81, Sec. 103(2), added subsecs.
(f) and (g).

SERVICE OF INDIVIDUALS SERVING ON SEPTEMBER 30, 1996
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
705], Sept. 30, 1996, 110 Stat. 3009-233, 3009-311, which provided
that the individual who was appointed to the position of Director
of the Institute of Museum Services and was serving in such
position on the day before Sept. 30, 1996, would serve, at the
pleasure of the President, as the first Director of the Institute
of Museum and Library Services, was repealed by Pub. L. 108-81,
title V, Sec. 505(b), Sept. 25, 2003, 117 Stat. 1004.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9101 of this title.

Sec. 9104. Deputy Directors

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

(Pub. L. 94-462, title II, Sec. 205, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-295.)

PRIOR PROVISIONS
A prior section 205 of Pub. L. 94-462 was classified to section
964 of this title prior to the general amendment of title II of
Pub. L. 94-462 by Pub. L. 104-208.

Sec. 9105. Personnel

(a) In general
The Director may, in accordance with applicable provisions of
title 5, appoint and determine the compensation of such employees
as the Director determines to be necessary to carry out the duties
of the Institute.
(b) Appointment and compensation of technical and professional
employees
(1) In general
Subject to paragraph (2), the Director may appoint without
regard to the provisions of title 5 governing the appointment in
the competitive service and may compensate without regard to the
provisions of chapter 51 or subchapter III of chapter 53 of such
title (relating to the classification and General Schedule pay
rates), such technical and professional employees as the Director
determines to be necessary to carry out the duties of the
Institute.
(2) Number and compensation
The number of employees appointed and compensated under
paragraph (1) shall not exceed 1/5 of the number of full-time
regular or professional employees of the Institute. The rate of
basic compensation for the employees appointed and compensated
under paragraph (1) may not exceed the rate prescribed for level
GS-15 of the General Schedule under section 5332 of title 5.
(c) Voluntary services
The Director may accept and utilize the voluntary services of
individuals and reimburse the individuals for travel expenses,
including per diem in lieu of subsistence, in the same amounts and
to the same extent as authorized under section 5703 of title 5 for
persons employed intermittently in Federal Government service.

(Pub. L. 94-462, title II, Sec. 206, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-295; amended Pub. L. 105-128, Sec. 2, Dec. 1,
1997, 111 Stat. 2548.)

REFERENCES IN TEXT
The provisions of title 5 governing appointment in the
competitive service, referred to in subsec. (b), are classified
generally to section 3301 et seq. of Title 5, Government
Organization and Employees.

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
1997 - Subsecs. (b), (c). Pub. L. 105-128 added subsec. (b) and
redesignated former subsec. (b) as (c).

CONSIDERATION GIVEN TO INDIVIDUALS WITH EXPERIENCE
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
706], Sept. 30, 1996, 110 Stat. 3009-233, 3009-311, required
Director of the Institute of Museum and Library Services to give
strong consideration to individuals with experience in
administering State-based and national library and information
services programs when appointing employees of the Office of
Library Services, prior to repeal by Pub. L. 108-81, title V, Sec.
505(b), Sept. 25, 2003, 117 Stat. 1004.

Sec. 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) The Chairman of the National Commission on Libraries and
Information Science.
(E) Ten members appointed by the President, by and with the
advice and consent of the Senate, from among individuals who
are citizens of the United States and who are specially
qualified by virtue of their education, training, or experience
in the area of library services, or their commitment to
libraries.
(F) Ten members appointed by the President, by and with the
advice and consent of the Senate, from among individuals who
are citizens of the United States and who are specially
qualified by virtue of their education, training, or experience
in the area of museum services, or their commitment to museums.
(2) Special qualifications
(A) Library members
Of the members of the Museum and Library Services Board
appointed under paragraph (1)(E) -
(i) five shall be professional librarians or information
specialists, of whom -
(I) not less than one shall be knowledgeable about
electronic information and technical aspects of library and
information services and sciences; and
(II) not less than one other shall be knowledgeable about
the library and information service needs of underserved
communities; and

(ii) the remainder shall have special competence in, or
knowledge of, the needs for library and information services
in the United States.
(B) Museum members
Of the members of the Museum and Library Services Board
appointed under paragraph (1)(F) -
(i) five shall be museum professionals who are or have been
affiliated with -
(I) resources that, collectively, are broadly
representative of the curatorial, conservation,
educational, and cultural resources of the United States;
or
(II) museums that, collectively, are broadly
representative of various types of museums, including
museums relating to science, history, technology, art,
zoos, botanical gardens, and museums designed for children;
and

(ii) the remainder shall be individuals recognized for
their broad knowledge, expertise, or experience in museums or
commitment to museums.
(3) Geographic and other representation
Members of the Museum and Library Services Board shall be
appointed to reflect persons from various geographic regions of
the United States. The Museum and Library Services Board may not
include, at any time, more than three appointive members from a
single State. In making such appointments, the President shall
give due regard to equitable representation of women, minorities,
and persons with disabilities who are involved with museums and
libraries.
(4) Voting
The Director, the Deputy Director of the Office of Library
Services, the Deputy Director of the Office of Museum Services,
and the Chairman of the National Commission on Library and
Information Science shall be nonvoting members of the Museum and
Library Services Board.
(c) Terms
(1) In general
Except as otherwise provided in this subsection, each member of
the Museum and Library Services Board appointed under
subparagraph (E) or (F) of subsection (b)(1) of this section
shall serve for a term of 5 years.
(2) Initial Board appointments
(A) Treatment of members serving on effective date
Notwithstanding subsection (b) of this section, each
individual who is a member of the National Museum Services
Board on September 25, 2003, may, at the individual's election,
complete the balance of the individual's term as a member of
the Museum and Library Services Board.
(B) First appointments
Notwithstanding subsection (b) of this section, any
appointive vacancy in the initial membership of the Museum and
Library Services Board existing after the application of
subparagraph (A), and any vacancy in such membership
subsequently created by reason of the expiration of the term of
an individual described in subparagraph (A), shall be filled by
the appointment of a member described in subsection (b)(1)(E)
of this section. When the Museum and Library Services Board
consists of an equal number of individuals who are specially
qualified in the area of library services and individuals who
are specially qualified in the area of museum services, this
subparagraph shall cease to be effective and the board shall be
appointed in accordance with subsection (b) of this section.
(C) Authority to adjust terms
The terms of the first members appointed to the Museum and
Library Service Board shall be adjusted by the President as
necessary to ensure that the terms of not more than four
members expire in the same year. Such adjustments shall be
carried out through designation of the adjusted term at the
time of appointment.
(3) Vacancies
Any member appointed to fill a vacancy shall serve for the
remainder of the term for which the predecessor of the member was
appointed.
(4) Reappointment
No appointive member of the Museum and Library Services Board
who has been a member for more than 7 consecutive years shall be
eligible for reappointment.
(5) Service until successor takes office
Notwithstanding any other provision of this subsection, an
appointive member of the Museum and Library Services Board shall
serve after the expiration of the term of the member until the
successor to the member takes office.
(d) Duties and powers
(1) In general
The Museum and Library Services Board shall advise the Director
on general policies with respect to the duties, powers, and
authority of the Institute relating to museum and library
services, including financial assistance awarded under this
chapter.
(2) National awards
The Museum and Library Services Board shall advise the Director
in making awards under section 9107 of this title.
(e) Chairperson
The Director shall serve as Chairperson of the Museum and Library
Services Board.
(f) Meetings
(1) In general
The Museum and Library Services Board shall meet not less than
2 times each year and at the call of the Director.
(2) Vote
All decisions by the Museum and Library Services Board with
respect to the exercise of its duties and powers shall be made by
a majority vote of the members of the Board who are present and
authorized to vote.
(g) Quorum
A majority of the voting members of the Museum and Library
Services Board shall constitute a quorum for the conduct of
business at official meetings, but a lesser number of members may
hold hearings.
(h) Compensation and travel expenses
(1) Compensation
Each member of the Museum and Library Services Board who is not
an officer or employee of the Federal Government may be
compensated at a rate to be fixed by the President, but not to
exceed the daily equivalent of the maximum annual rate of pay
authorized for a position above grade GS-15 of the General
Schedule under section 5108 of title 5, for each day (including
travel time) during which such member is engaged in the
performance of the duties of the Museum and Library Services
Board. Members of the Museum and Libraries Services Board who are
full-time officers or employees of the Federal Government may not
receive additional pay, allowances, or benefits by reason of
their service on the Museum and Library Services Board.
(2) Travel expenses
Each member of the Museum and Library Services Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5.
(i) Coordination
The Director, with the advice of the Museum and Library Services
Board, shall take steps to ensure that the policies and activities
of the Institute are coordinated with other activities of the
Federal Government.

(Pub. L. 94-462, title II, Sec. 207, as added Pub. L. 108-81, title
I, Sec. 104(2), Sept. 25, 2003, 117 Stat. 993.)

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 classified to
section 966 of this title prior to the general amendment of title
II of Pub. L. 94-462 by Pub. L. 104-208.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9101, 9102 of this title.

Sec. 9106. Contributions

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

(Pub. L. 94-462, title II, Sec. 208, formerly Sec. 207, as added
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-295; renumbered Sec.
208 and amended Pub. L. 108-81, title I, Sec. 104(1), title V, Sec.
504(e), Sept. 25, 2003, 117 Stat. 993, 1004.)

AMENDMENTS
2003 - Pub. L. 108-81, Sec. 504(e), which directed substitution
of "property or services" for "property of services", could not be
executed because the words "property or services" did not appear in
text.

Sec. 9107. Awards

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

(Pub. L. 94-462, title II, Sec. 209, as added Pub. L. 108-81, title
I, Sec. 105, Sept. 25, 2003, 117 Stat. 996.)

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9105a of this title.

Sec. 9108. Analysis of impact of museum and library services

From amounts described in sections 9123(c) and 9176(b) of this
title, the Director shall carry out and publish analyses of the
impact of museum and library services. Such analyses -
(1) shall be conducted in ongoing consultation with -
(A) State library administrative agencies;
(B) State, regional, and national library and museum
organizations; and
(C) other relevant agencies and organizations;

(2) shall identify national needs for, and trends of, museum
and library services provided with funds made available under
subchapters II and III of this chapter;
(3) shall report on the impact and effectiveness of programs
conducted with funds made available by the Institute in
addressing such needs; and
(4) shall identify, and disseminate information on, the best
practices of such programs to the agencies and entities described
in paragraph (1).

(Pub. L. 94-462, title II, Sec. 210, as added Pub. L. 108-81, title
I, Sec. 105, Sept. 25, 2003, 117 Stat. 996.)

Sec. 9109. Prohibition on use of funds for construction

No funds appropriated to carry out this chapter, subchapter II of
this chapter, or subchapter III of this chapter may be used for
construction expenses.

(Pub. L. 94-462, title II, Sec. 210A, as added Pub. L. 108-81,
title I, Sec. 105, Sept. 25, 2003, 117 Stat. 997.)

SUBCHAPTER II - LIBRARY SERVICES AND TECHNOLOGY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 9103, 9108, 9109 of
this title; title 47 section 254.

Sec. 9121. Purpose

It is the purpose of this subchapter -
(1) to consolidate Federal library service programs;
(2) to promote improvement in library services in all types of
libraries in order to better serve the people of the United
States;
(3) to facilitate access to resources in all types of libraries
for the purpose of cultivating an educated and informed
citizenry; and
(4) to encourage resource sharing among all types of libraries
for the purpose of achieving economical and efficient delivery of
library services to the public.

(Pub. L. 94-462, title II, Sec. 212, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-295; amended Pub. L. 108-81, title II, Sec.
201, Sept. 25, 2003, 117 Stat. 997.)

AMENDMENTS
2003 - Pars. (2) to (5). Pub. L. 108-81 added pars. (2) to (4)
and struck out former pars. (2) to (5) which read as follows:
"(2) to stimulate excellence and promote access to learning and
information resources in all types of libraries for individuals of
all ages;
"(3) to promote library services that provide all users access to
information through State, regional, national and international
electronic networks;
"(4) to provide linkages among and between libraries; and
"(5) to promote targeted library services to people of diverse
geographic, cultural, and socioeconomic backgrounds, to individuals
with disabilities, and to people with limited functional literacy
or information skills."

Sec. 9122. Definitions

As used in this subchapter:
(1) Library
The term "library" includes -
(A) a public library;
(B) a public elementary school or secondary school library;
(C) an academic library;
(D) a research library, which for the purposes of this
subchapter means a library that -
(i) makes publicly available library services and materials
suitable for scholarly research and not otherwise available
to the public; and
(ii) is not an integral part of an institution of higher
education; and

(E) a private library or other special library, but only if
the State in which such private or special library is located
determines that the library should be considered a library for
purposes of this subchapter.
(2) Library consortium
The term "library consortium" means any local, statewide,
regional, interstate, or international cooperative association of
library entities which provides for the systematic and effective
coordination of the resources of school, public, academic, and
special libraries and information centers, for improved services
for the clientele of such library entities.
(3) State
The term "State", unless otherwise specified, includes each of
the 50 States of the United States, the District of Columbia, 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 Micronesia, and the Republic of Palau.
(4) State library administrative agency
The term "State library administrative agency" means the
official agency of a State charged by the law of the State with
the extension and development of public library services
throughout the State.
(5) State plan
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.

(Pub. L. 94-462, title II, Sec. 213, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-296; amended Pub. L. 105-128, Sec. 3, Dec. 1,
1997, 111 Stat. 2548; Pub. L. 108-81, title II, Sec. 202, Sept. 25,
2003, 117 Stat. 997.)

AMENDMENTS
2003 - Pars. (1) to (6). Pub. L. 108-81 redesignated pars. (2) to
(6) as (1) to (5), respectively, and struck out heading and text of
former par. (1). Text read as follows: "The term 'Indian tribe'
means any tribe, band, nation, or other organized group or
community, including any Alaska native village, regional
corporation, or village corporation, as defined in or established
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.), which is recognized by the Secretary of the Interior as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians."
1997 - Par. (2)(E). Pub. L. 105-128 inserted "or other special
library" after "a private library" and "or special" after "such
private".

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9134 of this title; title
26 section 170.

Sec. 9123. Authorization of appropriations

(a) In general
There are authorized to be appropriated to carry out this
subchapter $232,000,000 for fiscal year 2004 and such sums as may
be necessary for fiscal years 2005 through 2009.
(b) Forward funding
(1) In general
To the end of affording the responsible Federal, State, and
local officers adequate notice of available Federal financial
assistance for carrying out ongoing library activities and
projects, appropriations for grants, contracts, or other payments
under any program under this subchapter are authorized to be
included in the appropriations Act for the fiscal year preceding
the fiscal year during which such activities and projects shall
be carried out.
(2) Additional authorization of appropriations
In order to effect a transition to the timing of appropriation
action authorized by subsection (a) of this section, the
application of this section may result in the enactment, in a
fiscal year, of separate appropriations for a program under this
subchapter (whether in the same appropriations Act or otherwise)
for two consecutive fiscal years.
(c) Administration
Not more than 3.5 percent of the funds appropriated under this
section for a fiscal year may be used to pay for the Federal
administrative costs of carrying out this subchapter.

(Pub. L. 94-462, title II, Sec. 214, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-296; amended Pub. L. 108-81, title II, Sec.
203, Sept. 25, 2003, 117 Stat. 997.)

AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-81, Sec. 203(1), added subsec.
(a) and struck out heading and text of former subsec. (a). Text
read as follows:
"(1) In general. - There are authorized to be appropriated
$150,000,000 for fiscal year 1997 and such sums as may be necessary
for each of the fiscal years 1998 through 2002 to carry out this
subchapter.
"(2) Transfer. - The Secretary of Education shall -
"(A) transfer promptly to the Director any funds appropriated
under the authority of paragraph (1), to enable the Director to
carry out this subchapter; and
"(B) not exercise any authority concerning the administration
of this chapter other than the transfer described in subparagraph
(A)."
Subsec. (c). Pub. L. 108-81, Sec. 203(2), substituted "3.5
percent" for "3 percent".

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-81 effective Oct. 1, 2003, see section
506 of Pub. L. 108-81, set out as a note under section 9101 of this
title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9108, 9131, 9133, 9141 of
this title.

PART 1 - BASIC PROGRAM REQUIREMENTS

Sec. 9131. Reservations and allotments

(a) Reservations
(1) In general
From the amount appropriated under the authority of section
9123 of this title for any fiscal year, the Director -
(A) shall reserve 1.75 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.
(2) Special rule
If the funds reserved pursuant to paragraph (1)(B) for a fiscal
year have not been obligated by the end of such fiscal year, then
such funds shall be allotted in accordance with subsection (b) of
this section for the fiscal year succeeding the fiscal year for
which the funds were so reserved.
(b) Allotments
(1) In general
From the sums appropriated under the authority of section 9123
of this title and not reserved under subsection (a) of this
section 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) Remainder
From the remainder of any sums appropriated under the authority
of section 9123 of this title that are not reserved under
subsection (a) of this section 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.
(3) Minimum allotments
(A) In general
For purposes of this subsection, the minimum allotment for
each State shall be $340,000, except that the minimum allotment
shall be $40,000 in the case of 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 Micronesia, and the Republic of Palau.
(B) Ratable reductions
Notwithstanding subparagraph (A), if the sum appropriated
under the authority of section 9123 of this title and not
reserved under subsection (a) of this section for any fiscal
year is insufficient to fully satisfy the requirement of
subparagraph (A), each of the minimum allotments under such
subparagraph shall be reduced ratably.
(C) Exception
(i) In general
Notwithstanding subparagraph (A), if the sum appropriated
under the authority of section 9123 of this title and not
reserved under subsection (a) of this section for any fiscal
year exceeds the aggregate of the allotments for all States
under this subsection for fiscal year 2003 -
(I) the minimum allotment for each State otherwise
receiving a minimum allotment of $340,000 under
subparagraph (A) shall be increased to $680,000; and
(II) the minimum allotment for each State otherwise
receiving a minimum allotment of $40,000 under subparagraph
(A) shall be increased to $60,000.
(ii) Insufficient funds to award alternative minimum
If the sum appropriated under the authority of section 9123
of this title and not reserved under subsection (a) of this
section for any fiscal year exceeds the aggregate of the
allotments for all States under this subsection for fiscal
year 2003 yet is insufficient to fully satisfy the
requirement of clause (i), such excess amount shall first be
allotted among the States described in clause (i)(I) so as to
increase equally the minimum allotment for each such State
above $340,000. After the requirement of clause (i)(I) is
fully satisfied for any fiscal year, any remainder of such
excess amount shall be allotted among the States described in
clause (i)(II) so as to increase equally the minimum
allotment for each such State above $40,000.
(D) Special rule
(i) In general
Notwithstanding any other provision of this subsection and
using funds allotted for the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau under this subsection, the Director shall award
grants to 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
Micronesia, or the Republic of Palau to carry out activities
described in this subchapter in accordance with the
provisions of this subchapter that the Director determines
are not inconsistent with this subparagraph.
(ii) Award basis
The Director shall award grants pursuant to clause (i) on a
competitive basis and after taking into consideration
available recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
(iii) Administrative costs
The Director may provide not more than 5 percent of the
funds made available for grants under this subparagraph to
pay the administrative costs of the Pacific Region
Educational Laboratory regarding activities assisted under
this subparagraph.
(4) Data
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.

(Pub. L. 94-462, title II, Sec. 221, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-297; amended Pub. L. 105-128, Sec. 4, Dec. 1,
1997, 111 Stat. 2548; Pub. L. 108-81, title II, Sec. 204, Sept. 25,
2003, 117 Stat. 997.)

AMENDMENTS
2003 - Subsec. (b)(3). Pub. L. 108-81 amended heading and text of
par. (3) generally. Prior to amendment, text read as follows:
"(A) In general. - For the purposes of this subsection, the
minimum allotment for each State shall be $340,000, except that the
minimum allotment shall be $40,000 in the case of 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 Micronesia, and the Republic of Palau.
"(B) Ratable reductions. - If the sum appropriated under the
authority of section 9123 of this title and not reserved under
subsection (a) of this section for any fiscal year is insufficient
to fully satisfy the aggregate of the minimum allotments for all
States for that purpose for such year, each of such minimum
allotments shall be reduced ratably.
"(C) Special rule. -
"(i) In general. - Notwithstanding any other provision of this
subsection and using funds allotted for the Republic of the
Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau under this subsection, the Director shall award
grants to Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, or the Republic of Palau to carry
out activities described in this subchapter in accordance with
the provisions of this subchapter that the Director determines
are not inconsistent with this subparagraph.
"(ii) Award basis. - The Director shall award grants pursuant
to clause (i) on a competitive basis and pursuant to
recommendations from the Pacific Region Educational Laboratory in
Honolulu, Hawaii.
"(iii) Termination of eligibility. - Notwithstanding any other
provision of law, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau shall
not receive any funds under this subchapter for any fiscal year
that begins after September 30, 2001.
"(iv) Administrative costs. - The Director may provide not more
than 5 percent of the funds made available for grants under this
subparagraph to pay the administrative costs of the Pacific
Region Educational Laboratory regarding activities assisted under
this subparagraph."
1997 - Subsec. (a)(1)(A). Pub. L. 105-128, Sec. 4(1), substituted
"1.75 percent" for "1 1/2 percent".
Subsec. (a)(1)(B). Pub. L. 105-128, Sec. 4(2), substituted "3.75
percent" for "4 percent".

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-81 effective Oct. 1, 2003, see section
506 of Pub. L. 108-81, set out as a note under section 9101 of this
title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9161, 9162 of this title.

Sec. 9132. Administration

(a) In general
Not more than 4 percent of the total amount of funds received
under this subchapter for any fiscal year by a State may be used
for administrative costs.
(b) Construction
Nothing in this section shall be construed to limit spending for
evaluation costs under section 9134(c) of this title from sources
other than this subchapter.

(Pub. L. 94-462, title II, Sec. 222, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-298.)

Sec. 9133. Payments; Federal share; and maintenance of effort
requirements

(a) Payments
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.
(b) Federal share
(1) In general
The Federal share shall be 66 percent.
(2) Non-Federal share
The non-Federal share of payments shall be provided from
non-Federal, State, or local sources.
(c) Maintenance of effort
(1) State expenditures
(A) Requirement
(i) In general
The amount otherwise payable to a State for a fiscal year
pursuant to an allotment under this part shall be reduced if
the level of State expenditures, as described in paragraph
(2), for the previous fiscal year is less than the average of
the total of such expenditures for the 3 fiscal years
preceding that previous fiscal year. The amount of the
reduction in the allotment for any fiscal year shall be equal
to the allotment multiplied by a fraction -
(I) the numerator of which is the result obtained by
subtracting the level of such State expenditures for the
fiscal year for which the determination is made, from the
average of the total level of such State expenditures for
the 3 fiscal years preceding the fiscal year for which the
determination is made; and
(II) the denominator of which is the average of the total
level of such State expenditures for the 3 fiscal years
preceding the fiscal year for which the determination is
made.
(ii) Calculation
Any decrease in State expenditures resulting from the
application of subparagraph (B) shall be excluded from the
calculation of the average level of State expenditures for
any 3-year period described in clause (i).
(B) Decrease in Federal support
If the amount made available under this subchapter for a
fiscal year is less than the amount made available under this
subchapter for the preceding fiscal year, then the expenditures
required by subparagraph (A) for such preceding fiscal year
shall be decreased by the same percentage as the percentage
decrease in the amount so made available.
(2) Level of State expenditures
The level of State expenditures for the purposes of paragraph
(1) shall include all State dollars expended by the State library
administrative agency for library programs that are consistent
with the purposes of this subchapter. All funds included in the
maintenance of effort calculation under this subsection shall be
expended during the fiscal year for which the determination is
made, and shall not include capital expenditures, special
one-time project costs, or similar windfalls.
(3) Waiver
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.

(Pub. L. 94-462, title II, Sec. 223, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-299; amended Pub. L. 105-128, Sec. 5, Dec. 1,
1997, 111 Stat. 2549.)

AMENDMENTS
1997 - Subsec. (c)(1)(A)(i). Pub. L. 105-128 amended second
sentence generally. Prior to amendment, second sentence read as
follows: "The amount of the reduction in allotment for any fiscal
year shall be equal to the amount by which the level of such State
expenditures for the fiscal year for which the determination is
made is less than the average of the total of such expenditures for
the 3 fiscal years preceding the fiscal year for which the
determination is made."

Sec. 9134. State plans

(a) State plan required
(1) In general
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.
(2) Duration
The State plan shall cover a period of 5 fiscal years.
(3) Revisions
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.
(b) Contents
The State plan shall -
(1) establish goals, and specify priorities, for the State
consistent with the purposes of this subchapter;
(2) describe activities that are consistent with the goals and
priorities established under paragraph (1), the purposes of this
subchapter, and section 9141 of this title, that the State
library administrative agency will carry out during such year
using such grant;
(3) describe the procedures that such agency will use to carry
out the activities described in paragraph (2);
(4) describe the methodology that such agency will use to
evaluate the success of the activities established under
paragraph (2) in achieving the goals and meeting the priorities
described in paragraph (1);
(5) describe the procedures that such agency will use to
involve libraries and library users throughout the State in
policy decisions regarding implementation of this subchapter;
(6) provide assurances that the State will comply with
subsection (f) of this section; and
(7) 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) Evaluation and report
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.
(d) Information
Each library receiving assistance under this subchapter shall
submit to the State library administrative agency such information
as such agency may require to meet the requirements of subsection
(c) of this section.
(e) Approval
(1) In general
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.
(2) Public availability
Each State library administrative agency receiving a grant
under this subchapter shall make the State plan available to the
public.
(3) Administration
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.
(f) Internet safety
(1) In general
No funds made available under this subchapter for a library
described in section 9122(1)(A) or (B) of this title that does
not receive services at discount rates under section 254(h)(6) of
title 47 may be used to purchase computers used to access the
Internet, or to pay for direct costs associated with accessing
the Internet, for such library unless -
(A) such library -
(i) has in place a policy of Internet safety for minors
that includes the operation of a technology protection
measure with respect to any of its computers with Internet
access that protects against access through such computers to
visual depictions that are -
(I) obscene;
(II) child pornography; or
(III) harmful to minors; and

(ii) is enforcing the operation of such technology
protection measure during any use of such computers by
minors; and

(B) such library -
(i) has in place a policy of Internet safety that includes
the operation of a technology protection measure with respect
to any of its computers with Internet access that protects
against access through such computers to visual depictions
that are -
(I) obscene; or
(II) child pornography; and

(ii) is enforcing the operation of such technology
protection measure during any use of such computers.
(2) Access to other materials
Nothing in this subsection shall be construed to prohibit a
library from limiting Internet access to or otherwise protecting
against materials other than those referred to in subclauses (I),
(II), and (III) of paragraph (1)(A)(i).
(3) Disabling during certain use
An administrator, supervisor, or other authority may disable a
technology protection measure under paragraph (1) to enable
access for bona fide research or other lawful purposes.
(4) Timing and applicability of implementation
(A) In general
A library covered by paragraph (1) shall certify the
compliance of such library with the requirements of paragraph
(1) as part of the application process for the next program
funding year under this subchapter following the effective date
of this subsection, and for each subsequent program funding
year thereafter.
(B) Process
(i) Libraries with Internet safety policies and technology
protection measures in place
A library covered by paragraph (1) that has in place an
Internet safety policy meeting the requirements of paragraph
(1) shall certify its compliance with paragraph (1) during
each annual program application cycle under this subchapter.
(ii) Libraries without Internet safety policies and
technology protection measures in place
A library covered by paragraph (1) that does not have in
place an Internet safety policy meeting the requirements of
paragraph (1) -
(I) for the first program year after the effective date
of this subsection in which the library applies for funds
under this subchapter, shall certify that it is undertaking
such actions, including any necessary procurement
procedures, to put in place an Internet safety policy that
meets such requirements; and
(II) for the second program year after the effective date
of this subsection in which the library applies for funds
under this subchapter, shall certify that such library is
in compliance with such requirements.

Any library covered by paragraph (1) that is unable to
certify compliance with such requirements in such second
program year shall be ineligible for all funding under this
subchapter for such second program year and all subsequent
program years until such time as such library comes into
compliance with such requirements.
(iii) Waivers
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.
(5) Noncompliance
(A) Use of General Education Provisions Act remedies
Whenever the Director of the Institute of Museum and Library
Services has reason to believe that any recipient of funds this
(!1) 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) Recovery of funds prohibited
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) Recommencement of payments
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.
(6) Separability
If any provision of this subsection is held invalid, the
remainder of this subsection shall not be affected thereby.
(7) Definitions
In this subsection:
(A) Child pornography
The term "child pornography" has the meaning given such term
in section 2256 of title 18.
(B) Harmful to minors
The term "harmful to minors" means any picture, image,
graphic image file, or other visual depiction that -
(i) taken as a whole and with respect to minors, appeals to
a prurient interest in nudity, sex, or excretion;
(ii) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors, an
actual or simulated sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or a lewd
exhibition of the genitals; and
(iii) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.
(C) Minor
The term "minor" means an individual who has not attained the
age of 17.
(D) Obscene
The term "obscene" has the meaning applicable to such term in
section 1460 of title 18.
(E) Sexual act; sexual contact
The terms "sexual act" and "sexual contact" have the meanings
given such terms in section 2246 of title 18.

(Pub. L. 94-462, title II, Sec. 224, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-300; amended Pub. L. 106-554, Sec. 1(a)(4)
[div. B, title XVII, Sec. 1712(a)], Dec. 21, 2000, 114 Stat. 2763,
2763A-340; Pub. L. 108-81, title II, Sec. 205, title V, Sec.
504(f), Sept. 25, 2003, 117 Stat. 999, 1004.)

REFERENCES IN TEXT
For the effective date of this subsection, referred to in subsec.
(f)(4), as 120 days after Dec. 21, 2000, see Sec. 1(a)(4) [div. B,
title XVII, Sec. 1712(b)] of Pub. L. 106-554, set out as an
Effective Date of 2000 Amendment note below.
The General Education Provisions Act, referred to in subsec.
(f)(5)(A), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat.
814, as amended, which is classified generally to chapter 31 (Sec.
1221 et seq.) of this title. For complete classification of this
Act to the Code, see section 1221 of this title and Tables.

AMENDMENTS
2003 - Subsec. (a)(1). Pub. L. 108-81, Sec. 205(1), substituted
"once every 5 years, as determined by the Director." for "not later
than April 1, 1997."
Subsec. (b)(5). Pub. L. 108-81, Sec. 504(f), struck out "and" at
end.
Subsec. (f). Pub. L. 108-81, Sec. 205(2)(A), substituted "this
subchapter" for "this chapter" wherever appearing.
Subsec. (f)(1). Pub. L. 108-81, Sec. 205(2)(B), substituted
"section 9122(1)(A) or (B)" for "9122(2)(A) or (B)" and made
technical amendment to reference in original act which appears in
text as reference to section 254(h)(6) of title 47.
Subsec. (f)(7). Pub. L. 108-81, Sec. 205(2)(C)(i), substituted
"subsection:" for "section:" in introductory provisions.
Subsec. (f)(7)(D). Pub. L. 108-81, Sec. 205(2)(C)(ii),
substituted "applicable to" for "given".
2000 - Subsec. (b)(6), (7). Pub. L. 106-554, Sec. 1(a)(4) [div.
B, title XVII, Sec. 1712(a)(1)], added par. (6) and redesignated
former par. (6) as (7).
Subsec. (f). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII,
Sec. 1712(a)(2)], added subsec. (f).

EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1712(b)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-343, provided that: "The
amendment made by this section [amending this section] shall take
effect 120 days after the date of the enactment of this Act [Dec.
21, 2000]."

AVAILABILITY OF CERTAIN FUNDS FOR ACQUISITION OF TECHNOLOGY
PROTECTION MEASURES
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(g)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that:
"(1) In general. - Notwithstanding any other provision of law,
funds available under section 3134 [former 20 U.S.C. 6844] or part
A of title VI of the Elementary and Secondary Education Act of 1965
[former 20 U.S.C. 7311 et seq.], or under section 231 of the
Library Services and Technology Act [20 U.S.C. 9141], may be used
for the purchase or acquisition of technology protection measures
that are necessary to meet the requirements of this title [see
Short Title of 2000 Amendments note set out under section 6301 of
this title] and the amendments made by this title. No other sources
of funds for the purchase or acquisition of such measures are
authorized by this title, or the amendments made by this title.
"(2) Technology protection measure defined. - In this section,
the term 'technology protection measure' has the meaning given that
term in section 1703 [set out as a note under section 902 of Title
47, Telegraphs, Telephones, and Radiotelegraphs]."

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9132, 9133 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be preceded by "under".

PART 2 - LIBRARY PROGRAMS

Sec. 9141. Grants to States

(a) In general
Of the funds provided to a State library administrative agency
under section 9123 of this title, such agency shall expend, either
directly or through subgrants or cooperative agreements, at least
96 percent of such funds for -
(1) expanding services for learning and access to information
and educational resources in a variety of formats, in all types
of libraries, for individuals of all ages;
(2) developing library services that provide all users access
to information through local, State, regional, national, and
international electronic networks;
(3) providing electronic and other linkages among and between
all types of libraries;
(4) developing public and private partnerships with other
agencies and community-based organizations;
(5) targeting library services to individuals of diverse
geographic, cultural, and socioeconomic backgrounds, to
individuals with disabilities, and to individuals with limited
functional literacy or information skills; and
(6) targeting library and information services to persons
having difficulty using a library and to underserved urban and
rural communities, including children (from birth through age 17)
from families with incomes below the poverty line (as defined by
the Office of Management and Budget and revised annually in
accordance with section 9902(2) of title 42) applicable to a
family of the size involved.
(b) Special rule
Each State library administrative agency receiving funds under
this part may apportion the funds available for the purposes
described in subsection (a) of this section among such purposes, as
appropriate, to meet the needs of the individual State.

(Pub. L. 94-462, title II, Sec. 231, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-301; amended Pub. L. 108-81, title II, Sec.
206, Sept. 25, 2003, 117 Stat. 999.)

AMENDMENTS
2003 - Subsec. (a)(1) to (6). Pub. L. 108-81, Sec. 206(1), added
pars. (1) to (6) and struck out former pars. (1) and (2) which read
as follows:
"(1)(A) establishing or enhancing electronic linkages among or
between libraries;
"(B) electronically linking libraries with educational, social,
or information services;
"(C) assisting libraries in accessing information through
electronic networks;
"(D) encouraging libraries in different areas, and encouraging
different types of libraries, to establish consortia and share
resources; or
"(E) paying costs for libraries to acquire or share computer
systems and telecommunications technologies; and
"(2) targeting library and information services to persons having
difficulty using a library and to underserved urban and rural
communities, including children (from birth through age 17) from
families with incomes below the poverty line (as defined by the
Office of Management and Budget and revised annually in accordance
with section 9902(2) of title 42) applicable to a family of the
size involved."
Subsec. (b). Pub. L. 108-81, Sec. 206(2), substituted "among such
purposes," for "between the two purposes described in paragraphs
(1) and (2) of such subsection,".

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9134, 9161 of this title.

PART 3 - ADMINISTRATIVE PROVISIONS

SUBPART A - STATE REQUIREMENTS

Sec. 9151. State advisory councils

Each State desiring assistance under this subchapter may
establish a State advisory council which is broadly representative
of the library entities in the State, including public, school,
academic, special, and institutional libraries, and libraries
serving individuals with disabilities.

(Pub. L. 94-462, title II, Sec. 251, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-301.)

SUBPART B - FEDERAL REQUIREMENTS

Sec. 9161. Services for Native Americans

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.

(Pub. L. 94-462, title II, Sec. 261, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-302; amended Pub. L. 105-128, Sec. 6, Dec. 1,
1997, 111 Stat. 2549; Pub. L. 107-110, title VII, Sec. 702(d), Jan.
8, 2002, 115 Stat. 1947.)

AMENDMENTS
2002 - Pub. L. 107-110 substituted "7517" for "7912".
1997 - Pub. L. 105-128 substituted "Native Americans" for "Indian
tribes" in section catchline and in text substituted "to Indian
tribes and to organizations that primarily serve and represent
Native Hawaiians (as the term is defined in section 7912 of this
title) to enable such tribes and organizations" for "to
organizations primarily serving and representing Indian tribes to
enable such organizations".

EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive
programs, see section 5 of Pub. L. 107-110, set out as an Effective
Date note under section 6301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9131 of this title.

Sec. 9162. National leadership grants, contracts, or cooperative
agreements

(a) In general
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 of awarding grants or entering into contracts or
cooperative agreements to enhance the quality of library services
nationwide and to provide coordination between libraries and
museums. Such grants, contracts, and cooperative agreements shall
be used for activities that may include -
(1) education, recruitment, and training of persons in library
and information science, particularly in areas of new technology
and other critical needs, including graduate fellowships,
traineeships, institutes, or other programs;
(2) research and demonstration projects related to the
improvement of libraries, education in library and information
science, enhancement of library services through effective and
efficient use of new technologies, and dissemination of
information derived from such projects;
(3) preserving or digitization of library materials and
resources, giving priority to projects emphasizing coordination,
avoidance of duplication, and access by researchers beyond the
institution or library entity undertaking the project; and
(4) model programs demonstrating cooperative efforts between
libraries and museums.
(b) Grants, contracts, or cooperative agreements
(1) In general
The Director may carry out the activities described in
subsection (a) of this section by awarding grants to, or entering
into contracts or cooperative agreements with, libraries,
agencies, institutions of higher education, or museums, where
appropriate.
(2) Competitive basis
Grants, contracts, and cooperative agreements under this
section shall be awarded on a competitive basis.
(c) Special rule
The Director shall make every effort to ensure that activities
assisted under this section are administered by appropriate library
and museum professionals or experts.

(Pub. L. 94-462, title II, Sec. 262, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-302; amended Pub. L. 105-128, Secs. 7, 8, Dec.
1, 1997, 111 Stat. 2549, 2550; Pub. L. 108-81, title II, Sec. 207,
title V, Sec. 504(g), Sept. 25, 2003, 117 Stat. 1000, 1004.)

AMENDMENTS
2003 - Subsec. (a)(1). Pub. L. 108-81, Sec. 207, substituted
"education, recruitment, and training" for "education and
training".
Subsec. (b)(1). Pub. L. 108-81, Sec. 504(g), substituted
"cooperative agreements with," for "cooperative agreements, with,".
1997 - Pub. L. 105-128, Sec. 7(1), substituted section catchline
for former catchline which read as follows: "National leadership
grants or contracts".
Subsec. (a). Pub. L. 105-128, Sec. 7(2), in introductory
provisions, substituted "program of awarding grants or entering
into contracts or cooperative agreements" for "program awarding
national leadership grants or contracts" and "Such grants,
contracts, and cooperative agreements" for "Such grants or
contracts".
Subsec. (a)(3). Pub. L. 105-128, Sec. 8, substituted "preserving
or digitization" for "preservation of digitization".
Subsec. (b). Pub. L. 105-128, Sec. 7(3)(A), substituted heading
for former heading which read as follows: "Grants or contracts".
Subsec. (b)(1). Pub. L. 105-128, Sec. 7(3)(B), inserted "or
cooperative agreements," after "contracts".
Subsec. (b)(2). Pub. L. 105-128, Sec. 7(3)(C), substituted
"Grants, contracts, and cooperative agreements" for "Grants and
contracts".

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 9131 of this title.

Sec. 9163. State and local initiatives

Nothing in this subchapter shall be construed to interfere with
State and local initiatives and responsibility in the conduct of
library services. The administration of libraries, the selection of
personnel and library books and materials, and insofar as
consistent with the purposes of this subchapter, the determination
of the best uses of the funds provided under this subchapter, shall
be reserved for the States and their local subdivisions.

(Pub. L. 94-462, title II, Sec. 263, as added Pub. L. 104-208, div.
A, title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110
Stat. 3009-233, 3009-302.)

SUBCHAPTER III - MUSEUM SERVICES

Sec. 9171. Purpose

It is the purpose of this subchapter -
(1) to encourage and support museums in carrying out their
public service role of connecting the whole of society to the
cultural, artistic, historical, natural, and scientific
understandings that constitute our heritage;
(2) to encourage and support museums in carrying out their
educational role, as core providers of learning and in
conjunction with schools, families, and communities;
(3) to encourage leadership, innovation, and applications of
the most current technologies and practices to enhance museum
services;
(4) to assist, encourage, and support museums in carrying out
their stewardship responsibilities to achieve the highest
standards in conservation and care of the cultural, historic,
natural, and scientific heritage of the United States to benefit
future generations;
(5) to assist, encourage, and support museums in achieving the
highest standards of management and service to the public, and to
ease the financial burden borne by museums as a result of their
increasing use by the public; and
(6) to support resource sharing and partnerships among museums,
libraries, schools, and other community organizations.

(Pub. L. 94-462, title II, Sec. 272, formerly Sec. 271, as added
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-302; renumbered Sec.
272 and amended Pub. L. 108-81, title III, Secs. 301, 306(1), Sept.
25, 2003, 117 Stat. 1000, 1002.)

PRIOR PROVISIONS
A prior section 272 of Pub. L. 94-462 was renumbered section 273
and is classified to section 9172 of this title.

AMENDMENTS
2003 - Pub. L. 108-81, Sec. 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 educational 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 methods and
facilities so that the museums are better able to conserve the
cultural, historic, and scientific heritage of the United States;
and
"(3) to ease the financial burden borne by museums as a result
of their increasing use by the public."

Sec. 9172. Definitions

As used in this subchapter:
(1) Museum
The term "museum" means a public or private nonprofit agency or
institution organized on a permanent basis for essentially
educational or aesthetic purposes, that utilizes a professional
staff, owns or utilizes tangible objects, cares for the tangible
objects, and exhibits the tangible objects to the public on a
regular basis. 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 museums, planetariums,
science and technology centers, specialized museums, and
zoological parks.
(2) State
The term "State" means each of the 50 States of the United
States, the District of Columbia, 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 Micronesia, and the
Republic of Palau.

(Pub. L. 94-462, title II, Sec. 273, formerly Sec. 272, as added
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-303; renumbered Sec.
273 and amended Pub. L. 108-81, title III, Secs. 302, 306(1), Sept.
25, 2003, 117 Stat. 1000, 1002.)

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
2003 - Par. (1). Pub. L. 108-81, Sec. 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 museums, planetariums, science and technology centers,
specialized museums, and zoological parks."

Sec. 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, contracts, cooperative agreements, and other forms of
assistance, with museums 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 and developing museum resources and programs
in support of State and local school curricula;
(3) supporting museums in assessing, conserving, researching,
maintaining, and exhibiting their collections, and in providing
educational programs to the public through the use of their
collections;
(4) stimulating greater collaboration among museums, libraries,
schools, and other community organizations in order to share
resources and strengthen communities;
(5) encouraging the use of new technologies and broadcast media
to enhance access to museum collections, programs, and services;
(6) supporting museums in providing services to people of
diverse geographic, cultural, and socioeconomic backgrounds and
to individuals with disabilities;
(7) supporting museums in developing and carrying out
specialized programs for specific segments of the public, such as
programs for urban neighborhoods, rural areas, Indian
reservations, and State institutions;
(8) supporting professional development and technical
assistance programs to enhance museum operations at all levels,
in order to ensure the highest standards in all aspects of museum
operations;
(9) supporting museums in research, program evaluation, and the
collection and dissemination of information to museum
professionals and the public; and
(10) encouraging, supporting, and disseminating model programs
of museum and library collaboration.
(b) Federal share
(1) 50 percent
Except as provided in paragraph (2), the Federal share
described in subsection (a) of this section shall be not more
than 50 percent.
(2) Greater than 50 percent
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) of this section 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 described in subsection (a) of this
section entered into under this subchapter.
(2) 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 awards.
(B) Individual museums
Individual museums may receive not more than 3 technical
assistance awards under subparagraph (A), but subsequent awards
for technical assistance shall be subject to review outside the
Institute.
(d) Services for Native Americans
From amounts appropriated under section 9176 of this title, the
Director shall reserve 1.75 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) of this section.

(Pub. L. 94-462, title II, Sec. 274, formerly Sec. 273, as added
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-303; renumbered Sec.
274 and amended Pub. L. 108-81, title III, Secs. 303, 306(1), Sept.
25, 2003, 117 Stat. 1000, 1002.)

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
2003 - Pub. L. 108-81, Sec. 303, amended section catchline and
text generally. Prior to amendment, section contained 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) established the Federal share, and in subsec. (d)
required the Director to establish procedures for reviewing and
evaluating grants, contracts, and cooperative agreements entered
into under this subchapter.

Secs. 9174, 9175. Repealed. Pub. L. 108-81, title III, Sec. 304,
Sept. 25, 2003, 117 Stat. 1002

Section 9174, Pub. L. 94-462, title II, Sec. 274, as added Pub.
L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec. 702],
Sept. 30, 1996, 110 Stat. 3009-233, 3009-304, related to National
Award for Museum Service.
Section 9175, Pub. L. 94-462, title II, Sec. 275, as added Pub.
L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec. 702],
Sept. 30, 1996, 110 Stat. 3009-233, 3009-304, related to National
Museum Services Board.

Sec. 9176. Authorization of appropriations

(a) Grants
For the purpose of carrying out this subchapter, there are
authorized to be appropriated to the Director $38,600,000 for
fiscal year 2004 and such sums as may be necessary for fiscal years
2005 through 2009.
(b) Administration
Not more than 10 percent of the funds appropriated under this
section for a fiscal year may be used to pay for the administrative
costs of carrying out this subchapter.
(c) Sums remaining available
Sums appropriated pursuant to subsection (a) of this section for
any fiscal year shall remain available for obligation until
expended.

(Pub. L. 94-462, title II, Sec. 275, formerly Sec. 276, as added
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, Sec.
702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-306; renumbered Sec.
275 and amended Pub. L. 108-81, title III, Sec. 305, Sept. 25,
2003, 117 Stat. 1002.)

PRIOR PROVISIONS
A prior section 275 of Pub. L. 94-462 was classified to section
9175 of this title, prior to repeal by Pub. L. 108-81.

AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-81, Sec. 305(1), substituted
"$38,600,000 for fiscal year 2004 and such sums as may be necessary
for fiscal years 2005 through 2009." for "$28,700,000 for the
fiscal year 1997, and such sums as may be necessary for each of the
fiscal years 1998 through 2002."

EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-81 effective Oct. 1, 2003, see section
506 of Pub. L. 108-81, set out as a note under section 9101 of this
title.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 9108, 9173 of this title.