Part 3—Administrative Provisions

subpart a—state requirements

§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, tribal, school, academic, special, and institutional libraries, and libraries serving people of diverse geographic, cultural, and socioeconomic backgrounds, individuals with disabilities, residents of rural and urban areas, Native Americans, military families, veterans, and caregivers.

(Pub. L. 94–462, title II, §251, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-301; amended Pub. L. 115–410, §13, Dec. 31, 2018, 132 Stat. 5417.)

Editorial Notes

Amendments

2018—Pub. L. 115–410 inserted "tribal," after "public," and substituted "and libraries serving people of diverse geographic, cultural, and socioeconomic backgrounds, individuals with disabilities, residents of rural and urban areas, Native Americans, military families, veterans, and caregivers" for "and libraries serving individuals with disabilities".

subpart b—federal requirements

§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, §261, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-302; amended Pub. L. 105–128, §6, Dec. 1, 1997, 111 Stat. 2549; Pub. L. 107–110, title VII, §702(d), Jan. 8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX, §9215(aaa)(3), Dec. 10, 2015, 129 Stat. 2184.)

Editorial Notes

Amendments

2015—Pub. L. 114–95 substituted "represent Native Hawaiians (as the term is defined in section 7517 of this title)" for "represent Native Hawaiians (as the term is defined in section 7517 of this title".

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".

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

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.

§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 to enhance the quality of library services nationwide and to provide coordination between libraries and museums, including by carrying out activities such as—

(1) building workforce and institutional capacity for managing the national information infrastructure and serving the information and education needs of the public;

(2)(A) research and demonstration projects related to the improvement of libraries or the enhancement of library and information services through effective and efficient use of new and emerging technologies, including projects that enable library users to acquire digital literacy skills and that make information resources more accessible and available; and

(B) dissemination of information derived from such projects;

(3) conserving, preserving, and digitizing library materials and resources, giving priority to projects emphasizing coordination, optimizing conditions for storage and future use, offering staff training, avoiding duplication, and providing access by researchers beyond the institution or library entity undertaking the project;

(4) enhancing the ability of libraries to provide services to affected communities in the event of an emergency or disaster through—

(A) the development of national, regional, statewide, or local emergency and disaster management plans that—

(i) address communication and coordination of information and services for affected communities; and

(ii) ensure the preservation of knowledge and library collections; and

(B) the implementation of the emergency and disaster management plans described in subparagraph (A), or otherwise enabling libraries to provide services consistent with this chapter to affected communities in the event of an emergency or disaster; and

(5) model programs demonstrating cooperative efforts between libraries and museums.

(b) Grants, contracts, or cooperative agreements

(1) In general

The Director may carry out the activities described in subsection (a) by entering into arrangements, including grants, contracts, cooperative agreements, and other forms of assistance, with libraries, library consortia and associations, institutions of higher education, museums, and other entities that the Director determines appropriate.

(2) Competitive basis

Grants, contracts, cooperative agreements, and other arrangements or forms of assistance 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—

(1) are administered by appropriate library and museum professionals or experts;

(2) reflect and serve a range of library types and geographically diverse areas;

(3) include evaluation, analysis, and dissemination components; and

(4) to the extent practicable, actively involve, have direct impact on, or provide future application in, libraries.

(Pub. L. 94–462, title II, §262, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-302; amended Pub. L. 105–128, §§7, 8, Dec. 1, 1997, 111 Stat. 2549, 2550; Pub. L. 108–81, title II, §207, title V, §504(g), Sept. 25, 2003, 117 Stat. 1000, 1004; Pub. L. 111–340, title II, §206, Dec. 22, 2010, 124 Stat. 3601; Pub. L. 115–410, §14, Dec. 31, 2018, 132 Stat. 5418.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(4)(B), 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.

Amendments

2018—Subsec. (a)(1). Pub. L. 115–410, §14(1)(A), in introductory provisions, struck out "of awarding grants or entering into contracts or cooperative agreements" after "carry out a program" and substituted "museums, including by carrying out activities such as" for "museums. Such grants, contracts, and cooperative agreements shall be used for activities that may include".

Subsec. (a)(2)(A). Pub. L. 115–410, §14(1)(B), inserted "and emerging" after "new".

Subsec. (a)(3) to (5). Pub. L. 115–410, §14(1)(C), (D), added pars. (3) and (4) and redesignated former par. (4) as (5).

Subsec. (b)(1). Pub. L. 115–410, §14(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "The Director may carry out the activities described in subsection (a) by awarding grants to, or entering into contracts or cooperative agreements with, libraries, agencies, institutions of higher education, or museums, where appropriate."

Subsec. (b)(2). Pub. L. 115–410, §14(2)(B), substituted "cooperative agreements, and other arrangements or forms of assistance" for "and cooperative agreements".

Subsec. (c). Pub. L. 115–410, §14(3), inserted dash after "under this section" and par. (1) designation before "are administered", substituted "experts;" for "experts.", and added pars. (2) to (4).

2010—Subsec. (a)(1), (2). Pub. L. 111–340, §206(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

"(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;".

Subsec. (a)(3). Pub. L. 111–340, §206(2), substituted "digitizing" for "digitization" and inserted ", 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".

2003—Subsec. (a)(1). Pub. L. 108–81, §207, substituted "education, recruitment, and training" for "education and training".

Subsec. (b)(1). Pub. L. 108–81, §504(g), substituted "cooperative agreements with," for "cooperative agreements, with,".

1997—Pub. L. 105–128, §7(1), substituted section catchline for former catchline which read as follows: "National leadership grants or contracts".

Subsec. (a). Pub. L. 105–128, §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, §8, substituted "preserving or digitization" for "preservation of digitization".

Subsec. (b). Pub. L. 105–128, §7(3)(A), substituted heading for former heading which read as follows: "Grants or contracts".

Subsec. (b)(1). Pub. L. 105–128, §7(3)(B), inserted "or cooperative agreements," after "contracts".

Subsec. (b)(2). Pub. L. 105–128, §7(3)(C), substituted "Grants, contracts, and cooperative agreements" for "Grants and contracts".

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