(b) Membership

(1) Appointment and composition

The Board shall be appointed by the Secretary and be composed of—

(A) two Governors, or former Governors, who shall not be members of the same political party;

(B) two State legislators, who shall not be members of the same political party;

(C) two chief State school officers;

(D) one superintendent of a local educational agency;

(E) one member of a State board of education;

(F) one member of a local board of education;

(G) three classroom teachers representing the grade levels at which the National Assessment is conducted:

(H) one representative of business or industry;

(I) two curriculum specialists;

(J) three testing and measurement experts, who shall have training and experience in the field of testing and measurement;

(K) one nonpublic school administrator or policymaker;

(L) two school principals, of whom one shall be an elementary school principal and one shall be a secondary school principal; and

(M) four additional members who are representatives of the general public, including parents.

(2) Assistant Secretary for Educational Research

The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the Board.

(3) Special rule

The Secretary and the Board shall ensure at all times that the membership of the Board reflects regional, racial, gender, and cultural balance and diversity and that the Board exercises its independent judgment, free from inappropriate influences and special interests. (c) Terms

(1) In general

Terms of service of members of the Board shall be staggered and may not exceed a period of 4 years, as determined by the Secretary. (2) Service limitation

Members of the Board may serve not more than two terms.

(3) Change of status

A member of the Board who changes status under subsection (b) of this section during the term of the appointment of the member may continue to serve as a member until the expiration of such term.

(4) Conforming provision

Members of the Board previously granted 3 year terms, whose terms are in effect on December 21, 2000, shall have their terms extended by 1 year.

(d) Vacancies (1) In general

(A) The Secretary shall appoint new members to fill vacancies on the Board from among individuals who are nominated by organizations representing the type of individuals described in subsection (b)(1) of this section with respect to which the vacancy exists.

(B) Each organization submitting nominations to the Secretary with respect to a particular vacancy shall nominate for such vacancy six individuals who are qualified by experience or training to fill the particular Board vacancy.

(C) The Secretary's appointments shall maintain the composition, diversity, and balance of the Board required under subsection (b) of this section.

(2) Additional nominations

The Secretary may request that each organization described in paragraph (1)(A) submit additional nominations if the Secretary determines that none of the individuals nominated by such organization have appropriate knowledge or expertise.

(e) Duties

(1) In general

In carrying out its functions under this section the Board shall—

(A) select subject areas to be assessed (consistent with section 9010(b)(1) of this title);

(B) develop appropriate student performance levels as provided in section 9010(e) of this title;

(C) develop assessment objectives and test specifications through a national consensus approach which includes the active participation of teachers, curriculum specialists, local school administrators, parents, and concerned members of the public;

(D) design the methodology of the assessment, in consultation with appropriate technical experts, including the Advisory Council established under section 9006 of this title;

(E) develop guidelines for reporting and disseminating results;

(F) develop standards and procedures for interstate, regional, and national comparisons; and

(G) take appropriate actions needed to improve the form and use of the National Assessment.

(2) Delegation

The Board may delegate any of the Board's procedural and administrative functions to its staff.

(3) Cognitive items

The Board shall have final authority on the appropriateness of cognitive items. (4) Prohibition against bias

The Board shall take steps to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias.

(5) Technical

In carrying out the duties required by paragraph (1), the Board may seek technical ad

vice, as appropriate, from the Commissioner and the Advisory Council on Education Statistics and other experts.

(6) Report

Not later than 90 days after an evaluation of the student performance levels under section 9010(e) of this title, the Board shall make a report to the Secretary, the Committee on Education and Labor of the House of Representatives, and the Committee on Labor and Human Resources of the Senate describing the steps the Board is taking to respond to each of the recommendations contained in such evalua

tion.

(f) Personnel

(1) In general

In the exercise of its responsibilities, the Board shall be independent of the Secretary and the other offices and officers of the Department.

(2) Staff

(A) The Secretary may appoint, at the request of the Board, such staff as will enable the Board to carry out its responsibilities.

(B) Such appointments may include, for terms not to exceed three years and without regard to the provisions of title 5 governing appointments in the competitive service, not more than six technical employees who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (g) Coordination

The Commissioner and the Board shall meet periodically

(1) to ensure coordination of their duties and activities relating to the National Assessment; and

nomic and Educational Opportunities of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Economic and Educational Opportunities of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Fifth Congress, Jan. 7, 1997.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9010, 9012 of this title.

§ 9012. Authorization of appropriations

(a) In general

There are authorized to be appropriated $65,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years to carry out this chapter (other than sections 9010 and 9011 of this title).

(b) National Assessment

There are authorized to be appropriated $35,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996 and 1997 to carry out section 9010 of this title.

(c) Governing Board

There are authorized to be appropriated $3,000,000 for fiscal year 1995 and such sums as may be necessary for each of the fiscal years 1996 and 1997 to carry out section 9011 of this title.

(Pub. L. 103-382, title IV, §413, Oct. 20, 1994, 108 Stat. 4041.)

CHAPTER 72-MUSEUM AND LIBRARY SERVICES

SUBCHAPTER I-GENERAL PROVISIONS

Sec.

(2) for the Commissioner to report to the Board on the Department's actions to implement the decisions of the Board.

Institute of Museum and Library Services.

(a) Establishment.

(b) Offices.

Director of Institute.

(a) Appointment.

(b) Compensation.

(c) Duties and powers.

(d) Nondelegation.

(e) Coordination. Deputy Directors. Personnel.

(a) In general.

(b) Appointment and compensation of technical and professional employ

ees.

(c) Voluntary services.

Contributions.

SUBCHAPTER II—LIBRARY SERVICES AND

TECHNOLOGY

9121.

Purpose.

Title II of Pub. L. 94-462, comprising this chapter, was originally enacted as Pub. L. 94-462, title II, Oct. 8, 1976, 90 Stat. 1975; Pub. L. 96-496, title II, §201, Dec. 4, 1980, 94 Stat. 2591; Pub. L. 98-306, §§ 8-11, May 31, 1984, 98 Stat. 225; Pub. L. 99-194, title II, Dec. 20, 1985, 99 Stat. 1344; Pub. L. 101-512, title III, §318 [title II, §§ 201, 202(a)(1), (b), 203-205], Nov. 5, 1990, 104 Stat. 1960, 1974, 1975, known as the Museum Services Act, and classified to section 961 et seq. of this title. Title II is shown, herein, however, as having been added by Pub. L. 104-208 without reference to such intervening amendments because of the extensive amendments to the provisions of title II by Pub. L. 104-208.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1504 of this title.

SUBCHAPTER I-GENERAL PROVISIONS

$9101. General definitions

As used in this chapter: (1) Commission

The term "Commission" means the National Commission on Libraries Libraries and Information Science established under section 1502 of this title.

(2) Director

The term "Director" means the Director of the Institute appointed under section 9103 of this title.

(3) Institute

The term "Institute" means the Institute of Museum and Library Services established under section 9102 of this title.

(4) Museum Board

The term "Museum Board" means the National Museum Services Board established under section 9175 of this title.

(Pub. L. 94-462, title II, §202, as added Pub. L. 104-208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-294.)

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.

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-128, §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

Section 101(e) [title VII, §701] of title I of div. A of Pub. L. 104-208 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 Title 40, Public Buildings, Property, and Works, section 214 of 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'."

Section 201 of title II of Pub. L. 94-462, as added by Pub. L. 104-208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-294, provided that: “This title [enacting this chapter] may be cited as the 'Museum and Library Services Act'."

Section 211 of title II of Pub. L. 94-462, as added by Pub. L. 104-208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-295, provided that: "This subtitle [subtitle B (§§ 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'." § 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. There shall be a National Museum Services Board in the Office of Museum Services.

(Pub. L. 94-462, title II, §203, as added Pub. L. 104-208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009-233, 3009-294.)

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.

TRANSFER OF FUNCTIONS FROM INSTITUTE OF MUSEUM SERVICES

Section 101(e) [title VII, §704] of Pub. L. 104-208 provided that:

"(a) DEFINITIONS.-For purposes of this section, unless otherwise provided or indicated by the context

"(1) the term 'Federal agency' has the meaning given to the term 'agency' by section 551(1) of title 5, United States Code;

"(2) the term 'function' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and

"(3) the term 'office' includes any office, administration, agency, institute, unit, organizational entity, or component thereof.

"(b) TRANSFER OF FUNCTIONS FROM THE INSTITUTE OF MUSEUM SERVICES AND THE LIBRARY PROGRAM OFFICE.— There are transferred to the Director of the Institute of Museum and Library Services established under section 203 of the Museum and Library Services Act [20 U.S.C. 9102]

"(1) all functions that the Director of the Institute of Museum Services exercised before the date of enactment of this section [Sept. 30, 1996] (including all related functions of any officer or employee of the Institute of Museum Services); and

"(2) all functions that the Director of Library Programs in the Office of Educational Research and Improvement in the Department of Education exercised before the date of enactment of this section and any related function of any officer or employee of the Department of Education.

"(c) DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET.—If necessary, the Office of Management and Budget shall make any determination of the functions that are transferred under subsection (b).

"(d) DELEGATION AND ASSIGNMENT.-Except where otherwise expressly prohibited by law or otherwise provided by this section, the Director of the Institute of Museum and Library Services may delegate any of the functions transferred to the Director of the Institute of Museum and Library Services by this section and any function transferred or granted to such Director of the Institute of Museum and Library Services after the effective date of this section [Sept. 30, 1996] to such officers and employees of the Institute of Museum and Library Services as the Director of the Institute of Museum and Library Services may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate, except that any delegation of any such functions with respect to libraries shall be made to the Deputy Director of the Office of Library Services and with respect to museums shall be made to the Deputy Director of the Office of Museum Services. No delegation of functions by the Director of the Institute of Museum and Library Services under this section or under any other provision of this section shall relieve such Director of the Institute of Museum and Library Services of responsibility for the administration of such functions.

"(e) REORGANIZATION.-The Director of the Institute of Museum and Library Services may allocate or re

allocate any function transferred under subsection (b) among the officers of the Institute of Museum and Library Services, and may establish, consolidate, alter, or discontinue such organizational entities in the Institute of Museum and Library Services as may be necessary or appropriate.

"(f) RULES.-The Director of the Institute of Museum and Library Services may prescribe, in accordance with chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director of the Institute of Museum and Library Services determines to be necessary or appropriate to administer and manage the functions of the Institute of Museum and Library Services.

"(g) TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.-Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Institute of Museum and Library Services. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.

"(h) INCIDENTAL TRANSFERS.-The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this section, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out this section. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for such further measures and dispositions as may be necessary to effectuate the purposes of this section. "(i) EFFECT ON PERSONNEL.—

"(1) IN GENERAL.-Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of transfer of such employee under this section.

"(2) EXECUTIVE SCHEDULE POSITIONS.-Except as otherwise provided in this section, any person who, on the day preceding the effective date of this section [Sept. 30, 1996], held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Institute of Museum and Library Services to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.

"(j) SAVINGS PROVISIONS.

"(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions

"(A) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official of a Federal agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this section; and

"(B) that were in effect before the effective date of this section [Sept. 30, 1996], or were final before

the effective date of this section and are to become effective on or after the effective date of this section;

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Institute of Museum and Library Services or other authorized official, a court of competent jurisdiction, or by operation of law.

"(2) PROCEEDINGS NOT AFFECTED. This section shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Institute of Museum Services on the effective date of this section, with respect to functions transferred by this section. Such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken from the orders, and payments shall be made pursuant to the orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be construed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.

"(3) SUITS NOT AFFECTED.-This section shall not affect suits commenced before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted.

"(4) NONABATEMENT OF ACTIONS.-No suit, action, or other proceeding commenced by or against the Institute of Museum Services, or by or against any individual in the official capacity of such individual as an officer of the Institute of Museum Services, shall abate by reason of the enactment of this section.

"(5) ADMINISTRATIVE ACTIONS RELATING TO PROMULGATION OF REGULATIONS.—Any administrative action relating to the preparation or promulgation of a regulation by the Institute of Museum Services relating to a function transferred under this section may be continued by the Institute of Museum and Library Services with the same effect as if this section had not been enacted.

"(k) TRANSITION.-The Director of the Institute of Museum and Library Services may utilize

"(1) the services of such officers, employees, and other personnel of the Institute of Museum Services with respect to functions transferred to the Institute of Museum and Library Services by this section; and "(2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section.

"(1) REFERENCES.-A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to

"(1) the Director of the Institute of Museum Services with regard to functions transferred under subsection (b), shall be deemed to refer to the Director of the Institute of Museum and Library Services; and "(2) the Institute of Museum Services with regard to functions transferred under subsection (b), shall be deemed to refer to the Institute of Museum and Library Services.

"(m) ADDITIONAL CONFORMING AMENDMENTS.—

"(1) RECOMMENDED LEGISLATION.-After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Director of the Institute of Museum and Library Services shall prepare and submit to the appropriate committees of Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section.

"(2) SUBMISSION TO CONGRESS.-Not later than 6 months after the effective date of this section [Sept.

30, 1996], the Director of the Institute of Museum and Library Services shall submit to the appropriate committees of Congress the recommended legislation referred to under paragraph (1).”

TRANSITION AND TRANSFER OF FUNDS

Section 101(e) [title VII, §707] of title I of div. A of Pub. L. 104-208 provided that:

"(a) TRANSITION.-The Director of the Office of Management and Budget shall take appropriate measures to ensure an orderly transition from the activities previously administered by the 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 under this Act [probably should be "this title" meaning section 101(e) [title VII] of div. A of Pub. L. 104-208, see Short Title note set out under section 9101 of this title]. Such measures may include the transfer of appropriated funds.

"(b) TRANSFER. From any amounts available to the Secretary of Education for salaries and expenses at the Department of Education, the Secretary of Education shall transfer to the Director the amount of funds necessary to ensure the orderly transition from activities previously administered by the Director of the Office 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. In no event shall the amount of funds transferred pursuant to the preceding sentence be less than $200,000."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9101 of this title. § 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.