SUBCHAPTER III—MUSEUM SERVICES

§9171. Purpose

It is the purpose of this subchapter—

(1) to encourage and support museums in carrying out their educational role, as core providers of learning and in conjunction with schools, families, and communities;

(2) 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 diverse heritage;

(3) to encourage leadership, innovation, and applications of the most current technologies and practices to enhance museum services through international, national, regional, State, and local networks and partnerships;

(4) to assist, encourage, and support museums in carrying out their stewardship responsibilities to achieve the highest standards in conservation and care of the diverse 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 they serve their communities in new and different ways;

(6) to support resource sharing and partnerships among museums, libraries, schools, and other community organizations;

(7) to encourage and support museums as a part of economic development and revitalization in communities;

(8) to ensure museums of various types and sizes in diverse geographic regions of the United States are afforded attention and support;

(9) to support efforts at the State and regional levels to leverage museum resources and maximize museum services; and

(10) to assist museums in their civic engagement efforts to ensure that every person in the United States has access to high-quality museum services.

(Pub. L. 94–462, title II, §272, formerly §271, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-302; renumbered §272 and amended Pub. L. 108–81, title III, §§301, 306(1), Sept. 25, 2003, 117 Stat. 1000, 1002; Pub. L. 111–340, title III, §301, Dec. 22, 2010, 124 Stat. 3603; Pub. L. 115–410, §16, Dec. 31, 2018, 132 Stat. 5419.)

Editorial Notes

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

2018—Par. (1). Pub. L. 115–410, §16(1), (2), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: "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;".

Par. (2). Pub. L. 115–410, §16(3), added par. (2). Former par. (2) redesignated (1).

Par. (4). Pub. L. 115–410, §16(4), inserted "diverse" before "cultural".

Par. (5). Pub. L. 115–410, §16(5), substituted "as they serve their communities in new and different ways" for "as a result of their increasing use by the public".

Par. (9). Pub. L. 115–410, §16(7), substituted "State and regional levels" for "State level" and "services; and" for "services."

Par. (10). Pub. L. 115–410, §16(6), (8), added par. (10).

2010—Par. (3). Pub. L. 111–340, §301(1), inserted "through international, national, regional, State, and local networks and partnerships" after "services".

Pars. (7) to (9). Pub. L. 111–340, §301(2)–(4), added pars. (7) to (9).

2003—Pub. L. 108–81, §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."

§9172. Definitions

As used in this subchapter:

(1) Museum

The term "museum" means a public, tribal, or private nonprofit agency or institution organized on a permanent basis for essentially educational, cultural heritage, 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 museums that have tangible and digital collections and 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, §273, formerly §272, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-303; renumbered §273 and amended Pub. L. 108–81, title III, §§302, 306(1), Sept. 25, 2003, 117 Stat. 1000, 1002; Pub. L. 111–340, title III, §302, Dec. 22, 2010, 124 Stat. 3603; Pub. L. 115–410, §17, Dec. 31, 2018, 132 Stat. 5420.)

Editorial Notes

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

2018—Par. (1). Pub. L. 115–410, §17(2), inserted ", cultural heritage," after "educational".

Pub. L. 115–410, §17(1), which directed insertion of ", tribal," after "public", was executed by making the insertion after "public" the first time appearing, to reflect the probable intent of Congress.

2010—Par. (1). Pub. L. 111–340 inserted "includes museums that have tangible and digital collections and" after "Such term".

2003—Par. (1). Pub. L. 108–81, §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."

§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, States, local governments, 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, including tribal schools, and developing museum resources, capabilities, and programs in support of State and local efforts to offer a well-rounded educational experience to all students;

(3) supporting the conservation and preservation of museum collections, including efforts to—

(A) provide optimal conditions for storage, exhibition, and use;

(B) prepare for and respond to disasters and emergency situations;

(C) establish endowments for conservation;

(D) curate, stabilize, and organize object-related information; and

(E) train museum staff in collections care;

(4) supporting efforts at the State level to leverage museum resources, including statewide assessments of museum services and needs and development of State plans to improve and maximize museum services through the State;

(5) creating shared technology tools and data resources, and developing museum staff training plans to improve and maximize museum services through organizations such as museum associations, professional networks, community-based organizations, and foundations, and through other collaborative mechanisms;

(6) stimulating greater collaboration, in order to share resources and strengthen communities, among museums and—

(A) libraries;

(B) schools;

(C) institutions of higher education;

(D) international, Federal, State, regional, tribal, and local agencies or organizations;

(E) nongovernmental organizations;

(F) other community organizations; and

(G) other relevant research and policy organizations;

(7) encouraging the use of new and emerging technologies and media, including new ways to disseminate information, engage varied audiences in experiential learning, and support teachers and students to enhance access to and engagement with museum collections, programs, and services;

(8) supporting museums in developing, carrying out, and providing programs and services that meet the needs of communities throughout the Nation, including people of diverse geographic, cultural, and socioeconomic backgrounds, individuals with disabilities, residents of rural and urban areas, Native Americans, military families, veterans, and caregivers, and for State institutions;

(9) supporting professional development and technical assistance programs to enhance museum operations, and the skills of museum staff, at all levels, and to support the development of the next generation of museum leaders and professionals, in order to ensure the highest standards in all aspects of museum operations;

(10) supporting museums in research, program evaluation, and the collection and dissemination of information to museum professionals and the public;

(11) encouraging, supporting, and disseminating model programs of museum and library collaboration;

(12) enabling museums to serve as anchor institutions to support community revitalization and the creation of opportunities for advancement; and

(13) developing public and private partnerships with other agencies and community-based organizations to expand and enhance museum services.

(b) Federal share

(1) 50 percent

Except as provided in paragraph (2), the Federal share described in subsection (a) 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) 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) entered into under this subchapter.

(2) Grant distribution

In awarding grants, the Director shall take into consideration the equitable distribution of grants to museums of various types and sizes and to different geographic areas of the United States.

(3) 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.

(B) Individual museums

Individual museums may receive not more than 3 technical assistance awards under subparagraph (A). 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 2.25 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).

(Pub. L. 94–462, title II, §274, formerly §273, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-303; renumbered §274 and amended Pub. L. 108–81, title III, §§303, 306(1), Sept. 25, 2003, 117 Stat. 1000, 1002; Pub. L. 111–340, title III, §303, Dec. 22, 2010, 124 Stat. 3603; Pub. L. 114–95, title IX, §9215(aaa)(4), Dec. 10, 2015, 129 Stat. 2184; Pub. L. 115–410, §18, Dec. 31, 2018, 132 Stat. 5420.)

Editorial Notes

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

2018—Subsec. (a)(2). Pub. L. 115–410, §18(a)(1), added par. (2) and struck out former par. (2) which read as follows: "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;".

Subsec. (a)(3)(D), (E). Pub. L. 115–410, §18(a)(2), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (a)(5). Pub. L. 115–410, §18(a)(5), added par. (5). Former par. (5) redesignated (6).

Subsec. (a)(6). Pub. L. 115–410, §18(a)(4), redesignated par. (5) as (6). Former par. (6) redesignated (7).

Subsec. (a)(6)(C). Pub. L. 115–410, §18(a)(6)(B), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (a)(6)(D). Pub. L. 115–410, §18(a)(6)(A), (C), redesignated subpar. (C) as (D) and inserted "tribal," after "regional,". Former subpar. (D) redesignated (E).

Subsec. (a)(6)(E), (F). Pub. L. 115–410, §18(a)(6)(A), (D), redesignated subpars. (D) and (E) as (E) and (F), respectively.

Subsec. (a)(6)(G). Pub. L. 115–410, §18(a)(6)(D)–(F), added subpar. (G).

Subsec. (a)(7). Pub. L. 115–410, §18(a)(4), (7), redesignated par. (4) as (7), struck it out, and added a new par. (7). Prior to amendment, par. read as follows: "supporting efforts at the State level to leverage museum resources, including statewide assessments of museum services and needs and development of State plans to improve and maximize museum services through the State;".

Pub. L. 115–410, §18(a)(3), struck out par. (7) which read as follows: "supporting museums in providing services to people of diverse geographic, cultural, and socioeconomic backgrounds and to individuals with disabilities;".

Subsec. (a)(8). Pub. L. 115–410, §18(a)(8), added par. (8) and struck out former par. (8) which read as follows: "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;".

Subsec. (a)(12), (13). Pub. L. 115–410, §18(a)(9)–(11), added pars. (12) and (13).

Subsec. (c)(2). Pub. L. 115–410, §18(c)(1)(A), inserted period at end.

Subsec. (c)(3)(A). Pub. L. 115–410, §18(c)(1)(B)(i), amended subpar. (A) of par. (3) to duplicate amendment made by Pub. L. 111–340, §303(2)(C)(i), which had been directed to subpar. (A) of par. (2) but executed to par. (3) to reflect the probable intent of Congress, thus resulting in no change in text. See 2010 Amendment note below.

Subsec. (c)(3)(B). Pub. L. 115–410, §18(c)(1)(B)(ii), amended subpar. (B) of par. (3) to duplicate amendment made by Pub. L. 111–340, §303(2)(C)(ii), which had been directed to subpar. (B) of par. (2) but executed to par. (3) to reflect the probable intent of Congress, thus resulting in no change in text. See 2010 Amendment note below.

Subsec. (d). Pub. L. 115–410, §18(b), (c)(2), substituted "2.25 percent" for "1.75 percent" and made technical amendment to reference in original act which appears in text as reference to section 9176 of this title.

2015—Subsec. (d). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of this title.

2010—Subsec. (a). Pub. L. 111–340, §303(1)(A), inserted ", States, local governments," after "with museums" in introductory provisions.

Subsec. (a)(3) to (5). Pub. L. 111–340, §303(1)(B), (C), added pars. (3) to (5), redesignated former par. (5) as (6), and struck out former pars. (3) and (4) which read as follows:

"(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;".

Subsec. (a)(6). Pub. L. 111–340, §303(1)(B), (D), redesignated par. (5) as (6) and substituted "media, including new ways to disseminate information," for "broadcast media". Former par. (6) redesignated (7).

Subsec. (a)(7), (8). Pub. L. 111–340, §303(1)(B), redesignated pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9).

Subsec. (a)(9). Pub. L. 111–340, §303(1)(B), (E), redesignated par. (8) as (9) and substituted ", and the skills of museum staff, at all levels, and to support the development of the next generation of museum leaders and professionals," for "at all levels,". Former par. (9) redesignated (10).

Subsec. (a)(10), (11). Pub. L. 111–340, §303(1)(B), redesignated pars. (9) and (10) as (10) and (11), respectively.

Subsec. (c)(2), (3). Pub. L. 111–340, §303(2)(A), (B), added par. (2) and redesignated former par. (2) as (3).

Subsec. (c)(3)(A). Pub. L. 111–340, §303(2)(C)(i), which directed that "awards" be struck out after "assistance" in subpar. (A) of par. (2), was executed by making the amendment in subpar. (A) of par. (3) to reflect the probable intent of Congress and the intervening redesignation of par. (2) as (3). See above.

Subsec. (c)(3)(B). Pub. L. 111–340, §303(2)(C)(ii), which directed the substitution of ". Subsequent" for ", but subsequent" in subpar. (B) of par. (2), was executed by making the amendment in subpar. (B) of par. (3) to reflect the probable intent of Congress and the intervening redesignation of par. (2) as (3). See above.

2003—Pub. L. 108–81, §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.

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.

§9174. Repealed. Pub. L. 108–81, title III, §304, Sept. 25, 2003, 117 Stat. 1002

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

§9175. 21st century museum professional program

(a) Purpose

It is the purpose of this section to develop and enhance the diverse workforce of museum professionals in order to best anticipate and serve the needs of their local communities and the public by—

(1) recruiting and educating future museum professionals from diverse and underrepresented backgrounds, including through encouraging middle or high school students and postsecondary students to pursue careers and build skills in museum services;

(2) developing museum leaders from diverse and underrepresented backgrounds, including by increasing the capacity of institutions that offer early career and mid-career professional development, specialized training, and leadership programs that directly relate to museum studies and management; and

(3) supporting the professional development of current museum professionals and the museum workforce to enable them to meet identified needs of their communities.

(b) Activities

From the amounts provided under section 9176 of this title, the Director may enter into arrangements, including grants, contracts, cooperative agreements, and other forms of assistance, with museums, museum consortia and associations, institutions of higher education (as defined in section 9165(b) of this title), and other entities that the Director determines appropriate, for projects that further the purpose of this section, such as projects that—

(1) increase the number of students from diverse and underrepresented backgrounds enrolled in graduate and undergraduate museum-related programs as well as other relevant programs offered through other education-focused entities, such as State and local governments, associations, and nonprofit organizations, in order to effectively prepare the students for, and retain the students in, careers in museum services;

(2) recruit future museum professionals from diverse and underrepresented backgrounds, including efforts to attract promising middle school, high school, or postsecondary students to consider careers in museum services such as through offering paid internships, mentoring, and fellowship opportunities;

(3) develop new or enhance current professional development and retention programs for museum professionals and the museum workforce, including through mid-career skill-building, mentoring, and fellowships, and by supporting the development of local and regional networks for those who may not have easy access to such opportunities; and

(4) support and conduct research, needs assessments, pilot programs, and evaluation of education and professional development programs to explore successful approaches that can successfully recruit, prepare, educate, and retain the next generation of museum professionals.

(c) Evaluation

The Director shall establish procedures for reviewing and evaluating arrangements supported under this section.

(Pub. L. 94–462, title II, §275, as added Pub. L. 115–410, §19(2), Dec. 31, 2018, 132 Stat. 5421.)

Editorial Notes

Prior Provisions

A prior section 9175, Pub. L. 94–462, title II, §275, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-304, related to National Museum Services Board, prior to repeal by Pub. L. 108–81, title III, §304, Sept. 25, 2003, 117 Stat. 1002.

A prior section 275 of Pub. L. 94–462 was renumbered section 276 and is classified to section 9176 of this title.

§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 each of the fiscal years 2020 through 2025.

(b) Sums remaining available

Sums appropriated pursuant to subsection (a) for any fiscal year shall remain available for obligation until expended.

(c) Funding rules

Notwithstanding any other provision of this subchapter, if the amount appropriated under subsection (a) for a fiscal year is greater than the amount appropriated under such subsection for fiscal year 2020 by more than $10,000,000, then an amount of not less than 30 percent but not more than 50 percent of the increase in appropriated funds shall be available, from the funds appropriated under such subsection for the fiscal year, to enter into arrangements under section 9173 of this title to carry out the State assessments described in section 9173(a)(4) of this title and to assist States in the implementation of such plans.

(Pub. L. 94–462, title II, §276, as added Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-306; renumbered §275 and amended Pub. L. 108–81, title III, §305, Sept. 25, 2003, 117 Stat. 1002; Pub. L. 111–340, title III, §304, Dec. 22, 2010, 124 Stat. 3604; renumbered §276 and amended Pub. L. 115–410, §§19(1), 20, Dec. 31, 2018, 132 Stat. 5421, 5422.)

Editorial Notes

Amendments

2018—Subsec. (a). Pub. L. 115–410, §20(1), substituted "each of the fiscal years 2020 through 2025" for "fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 through 2016".

Subsec. (c). Pub. L. 115–410, §20(2), substituted "fiscal year 2020" for "fiscal year 2011".

2010—Subsec. (a). Pub. L. 111–340, §304(1), added subsec. (a) and struck out heading and text of former subsec. (a). Prior to amendment, text read as follows: "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."

Subsec. (b). Pub. L. 111–340, §304(2), (3), redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Prior to amendment, text of former subsec. (b) read as follows: "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."

Subsec. (c). Pub. L. 111–340, §304(4), added subsec. (c). Former subsec. (c) redesignated (b).

2003—Subsec. (a). Pub. L. 108–81, §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."

Statutory Notes and Related Subsidiaries

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.