Sec. 204. DIRECTOR OF THE INSTITUTE

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## SEC. 204 DIRECTOR OF THE 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, except that if a successor to the Director has not been appointed by the President, by and with the advice and consent of the Senate, as of the date of expiration of the Director’s term, the Director may serve for not more than 1 additional year or until a successor is appointed and confirmed, whichever is earlier. ####

(3)Qualifications Beginning with the first individual appointed to the position of Director after the date of enactment of the Museum and Library Services Act of 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 the date of enactment of the Museum and Library Services Act of 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, United States Code. ###

(c)Duties and Powers ####

(1)Primary responsibility The Director shall have primary responsibility for the development and implementation of policy to ensure the availability of museum, library, and information services adequate to meet the essential information, education, research, economic, cultural, and civic needs of the people of the United States. ####

(2)Duties In carrying out the responsibility described in paragraph (1), the Director shall— #####

(A)advise the President, Congress, and other Federal agencies and offices on museum, library, and information services in order to ensure the creation, preservation, organization, and dissemination of knowledge; #####

(B)engage Federal, State, and local governmental agencies and private entities in assessing the museum, library, and information services needs of the people of the United States, and coordinate the development of plans, policies, and activities to meet such needs effectively; #####

(C)carry out programs of research and development, data collection, and financial assistance to extend and improve the museum, library, and information services of the people of the United States; and #####

(D)ensure that museum, library, and information services are fully integrated into the information and education infrastructures of the United States. ###

(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)Interagency Agreements The Director may— ####

(1)enter into interagency agreements to promote or assist with the museum, library, and information services-related activities of other Federal agencies, on either a reimbursable or non-reimbursable basis; and ####

(2)use funds appropriated under this Act for the costs of such activities. ###

(f)Coordination The Director shall ensure coordination of the policies and activities of the Institute with the policies and activities of other agencies and offices of the Federal Government having interest in and responsibilities for the improvement of museums and libraries and information services. Where appropriate, the Director shall ensure that such policies and activities are coordinated with— ####

(1)programs and activities under the Elementary and Secondary Education Act of 1965 (including programs and activities under subparts 2 and 3 of part B of title II, and parts A and B of title IV, of such Act); ####

(2)programs and activities under the Head Start Act (42 U.S.C. 9831 et seq.) (including programs and activities under subparagraphs (H)(vii) and (J)(iii) of section 641(d)(2) of such Act) (42 U.S.C. 9836(d)(2)); ####

(3)activities under the Workforce Innovation and Opportunity Act (including activities under section 121(e) of such Act)); and ####

(4)Federal programs and activities that increase the capacity of libraries and museums to act as partners in supporting economic and community development, providing education and research, improving digital literacy skills, strengthening financial literacy and other types of literacy skills, and enhancing public safety and health awareness. ###

(g)Interagency Collaboration The Director shall work jointly with the individuals heading relevant Federal departments and agencies, including the Secretary of Labor, the Secretary of Education, the Administrator of the Small Business Administration, the Chairman of the Federal Communications Commission, the Director of the National Science Foundation, the Secretary of Health and Human Services, the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Chairman of the National Endowment for the Arts, the Chairman of the National Endowment of the Humanities, the Director of the Office of Management and Budget, the Secretary of Commerce, the Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Agriculture, the Chief Executive Officer of the Corporation for National and Community Service, the Librarian of Congress, the Archivist of the United States, and the Director of the United States Government Publishing Office, or the designees of such individuals, on— ####

(1)initiatives, materials, technology, or research to support education, workforce development, economic and business development, and related activities and services undertaken by libraries; ####

(2)resource and policy approaches to eliminate barriers to fully leveraging the role of libraries and museums in supporting the early learning, literacy, lifelong learning, digital literacy, workforce development, and education needs of the people of the United States; and ####

(3)initiatives, materials, technology, or research to support educational, cultural, historical, scientific, environmental, and other activities undertaken by museums. ###

(h)Regulatory Authority The Director may promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this title. ###

(i)Application Procedures ####

(1)In general In order to be eligible to receive financial assistance under this title, 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 title. Actions of the Institute and the Director in the establishment, modification, and revocation of such procedures under this Act 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 title, 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 title 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. **[**[20 U.S.C. 9103](/us/usc/t20/s9103)**]** Enacted, Oct. 8, 1976, title II, sec. 204, 90 Stat. 1975, 1976; amended Dec. 4, 1980, P.L. 96–496, sec. 201(b), 94 Stat. 2592; amended May 31, 1984, P.L. 98–306, sec. 9, 98 Stat. 225; amended Dec. 20, 1985, P.L. 99–194, sec. 201, 99 Stat. 1344; amended Nov. 5, 1990, P.L. 101–512, sec. 201, 104 Stat. 1974, amended September 30, 1996, P.L. 104–208, title VII, sec. 702, 110 Stat. 3009–294, September 25, 2003, P.L. 108–81, title I, sec. 103, 117 Stat. 992–993, December 22, 2010, P.L. 111–340, title I, sec. 102, 124 Stat. 3595; December 10, 2015, title IX, sec. 9215(aaa)(1), 129 Stat. 2184, December 31, 2018, P.L. 115-410, sec. 3, 132 Stat. 5412.

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