CHAPTER 34—NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

        

Chapter Referred to in Other Sections

This chapter is referred to in section 3441 of this title.

§1501. Congressional statement of policy

The Congress hereby affirms that library and information services adequate to meet the needs of the people of the United States are essential to achieve national goals and to utilize most effectively the Nation's educational resources and that the Federal Government will cooperate with State and local governments and public and private agencies in assuring optimum provision of such services.

(Pub. L. 91–345, §2, July 20, 1970, 84 Stat. 440.)

Short Title of 1991 Amendment

Pub. L. 102–95, §1, Aug. 14, 1991, 105 Stat. 479, provided that: "This Act [amending sections 1502 to 1506 of this title] may be cited as the 'National Commission on Libraries and Information Science Act Amendments of 1991'."

Short Title

Section 1 of Pub. L. 91–345 provided: "That this Act [enacting this chapter] may be cited as the 'National Commission on Libraries and Information Science Act'."

White House Conference on Library and Information Services

Pub. L. 100–382, Aug. 8, 1988, 102 Stat. 898, authorized President to call and conduct a White House Conference on Library and Information Services to be held not earlier than Sept. 1, 1989, and not later than Sept. 30, 1991, to develop recommendations for the further improvement of the library and information services of the Nation and their use by the public, with a final report of the Conference to be submitted to the President not later than 120 days following the close of the Conference and to be made public and transmitted to the Congress together with a statement of the President containing the recommendations of the President with respect to such report.

Section Referred to in Other Sections

This section is referred to in section 1504 of this title.

§1502. Establishment

(a) Independent agency within executive branch

There is hereby established as an independent agency within the executive branch, a National Commission on Libraries and Information Science (hereinafter referred to as the "Commission").

(b) Repealed. Pub. L. 102–95, §2, Aug. 14, 1991, 105 Stat. 479

(Pub. L. 91–345, §3, July 20, 1970, 84 Stat. 440; Pub. L. 102–95, §2, Aug. 14, 1991, 105 Stat. 479.)

Amendments

1991—Subsec. (b). Pub. L. 102–95 struck out subsec. (b) which related to provision of administrative services for Commission.

Section Referred to in Other Sections

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

§1503. Contributions

The Commission is authorized to accept, hold, administer, and utilize gifts, bequests, and devises of property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon the order of the Commission.

(Pub. L. 91–345, §4, July 20, 1970, 84 Stat. 441; Pub. L. 102–95, §3, Aug. 14, 1991, 105 Stat. 479.)

Amendments

1991—Pub. L. 102–95 amended section generally. Prior to amendment, section read as follows: "The Commission shall have authority to accept in the name of the United States grants, gifts, or bequests of money for immediate disbursement in furtherance of the functions of the Commission. Such grants, gifts, or bequests, after acceptance by the Commission, shall be paid by the donor or his representative to the Treasurer of the United States whose receipts shall be their acquittance. The Treasurer of the United States shall enter them in a special account to the credit of the Commission for the purposes in each case specified."

§1504. Functions and powers

(a) Advice to President and Congress; studies and surveys, plans; annual report

The Commission shall have the primary responsibility for developing or recommending overall plans for, and advising the appropriate governments and agencies on, the policy set forth in section 1501 of this title. In carrying out that responsibility, the Commission shall—

(1) advise the President and the Congress on the implementation of national policy by such statements, presentations, and reports as it deems appropriate;

(2) conduct studies, surveys, and analyses of the library and informational needs of the Nation, including the special library and informational needs of rural areas, of economically, socially, or culturally deprived persons, and of elderly persons, and the means by which these needs may be met through information centers, through the libraries of elementary and secondary schools and institutions of higher education, and through public, research, special, and other types of libraries;

(3) appraise the adequacies and deficiencies of current library and information resources and services and evaluate the effectiveness of current library and information science programs;

(4) develop overall plans for meeting national library and informational needs and for the coordination of activities at the Federal, State, and local levels, taking into consideration all of the library and informational resources of the Nation to meet those needs;

(5) be authorized to advise Federal, State, local, and private agencies regarding library and information sciences;

(6) promote research and development activities which will extend and improve the Nation's library and information-handling capability as essential links in national and international communications and cooperative networks;

(7) submit to the President and the Congress (not later than January 31 of each year) a report on its activities during the preceding fiscal year; and

(8) make and publish such additional reports as it deems to be necessary, including, but not limited to, reports of consultants, transcripts of testimony, summary reports, and reports of other Commission findings, studies, and recommendations.

(b) Advice to Director of Institute of Museum and Library Services

The Commission shall have the responsibility to advise the Director of the Institute of Museum and Library Services on general policies with respect to the duties, powers, and authority of the Institute of Museum and Library Services relating to library services, including—

(1) general policies with respect to—

(A) financial assistance awarded under the Museum and Library Services Act [20 U.S.C. 9101 et seq.] for library services; and

(B) projects described in section 262(a)(4) of such Act [20 U.S.C. 9162(a)(4)]; and

(2) measures to ensure that the policies and activities of the Institute of Museum and Library Services are coordinated with other activities of the Federal Government.

(c) Joint meeting with National Museum Services Board

(1) The Commission shall meet not less than 1 time each year in a joint meeting with the National Museum Services Board, convened for purposes of providing advice on general policy with respect to financial assistance for projects described in section 262(a)(4) of such Act [20 U.S.C. 9162(a)(4)].

(2) All decisions by the Commission and the National Museum Services Board with respect to the advice on general policy described in paragraph (1) shall be made by a 2/3 majority vote of the total number of the members of the Commission and the National Museum Services Board who are present.

(3) A majority of the members of the Commission and a majority of the members of the National Museum Services Board shall constitute a quorum for the conduct of business at official joint meetings of the Commission and the National Museum Services Board.

(d) Contract authority

The Commission is authorized to contract with Federal agencies and other public and private agencies to carry out any of its functions under subsection (a) of this section and to publish and disseminate such reports, findings, studies, and records as it deems appropriate.

(e) Hearings

The Commission is further authorized to conduct such hearings at such times and places as it deems appropriate for carrying out the purposes of this chapter.

(f) Cooperation with other agencies

The heads of all Federal agencies are, to the extent not prohibited by law, directed to cooperate with the Commission in carrying out the purposes of this chapter.

(Pub. L. 91–345, §5, July 20, 1970, 84 Stat. 441; Pub. L. 93–29, title VIII, §802(a), May 3, 1973, 87 Stat. 59; Pub. L. 102–95, §4, Aug. 14, 1991, 105 Stat. 479; Pub. L. 104–208, div. A, title I, §101(e) [title VII, §703(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-306.)

References in Text

The Museum and Library Services Act, referred to in subsec. (b)(1)(A), is title II of Pub. L. 94–462, as added by Pub. L. 104–208, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009-294, which is classified generally to chapter 72 (§9101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.

Amendments

1996—Subsecs. (b) to (f). Pub. L. 104–208 added subsecs. (b) and (c) and redesignated former subsecs. (b) to (d) as (d) to (f), respectively.

1991—Subsec. (a)(6). Pub. L. 102–95 substituted "national and international communications and cooperative networks" for "the national communications networks".

1973—Subsec. (a)(2). Pub. L. 93–29 required the Commission to conduct studies, surveys, and analyses of the special library and informational needs of elderly persons.

Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (a)(7) of this section relating to submitting annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 181 of House Document No. 103–7.

§1505. Membership

(a) Appointment; terms of office; Chairman; vacancies

The Commission shall be composed of the Librarian of Congress, the Director of the Institute of Museum and Library Services (who shall serve as an ex officio, nonvoting member), and fourteen members appointed by the President, by and with the advice and consent of the Senate. Five members of the Commission shall be professional librarians or information specialists, and the remainder shall be persons having special competence in or knowledge of the needs of our society for library and information services, at least one of whom shall be knowledgeable with respect to the technological aspects of library and information services and sciences, and at least one other of whom shall be knowledgeable with respect to the library and information service and science needs of the elderly and at least one other of whom shall be knowledgeable with respect to the library and information service and science needs of the elderly.¹ One of the appointive members of the Commission shall be designated by the President as Chairman of the Commission. A majority of members of the Commission shall constitute a quorum for conduct of business at official meetings of the Commission. The terms of office of the appointive members of the Commission shall be five years, except that (1) the term of office of any member of the Commission shall continue until the earlier of (A) the date on which the member's successor has been appointed by the President; or (B) July 19 of the year succeeding the year in which the member's appointed term of office shall expire, and (2) a member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term.

(b) Compensation; travel expenses

Members of the Commission who are not in the regular full-time employ of the United States shall, while attending meetings or conferences of the Commission or otherwise engaged in the business of the Commission, be entitled to receive compensation at a rate fixed by the Chairman, but not exceeding the daily equivalent of the maximum rate authorized for a position above grade GS–15 of the General Schedule under section 5108 of title 5, for each day (including traveltime) during which the members are engaged in the business of the Commission. While so serving on the business of the Commission away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons employed intermittently in the Government service.

(c) Professional and technical personnel

(1) The Commission is authorized to appoint, without regard to the provisions of title 5 covering appointments in the competitive service, such professional and technical personnel as may be necessary to enable it to carry out its function under this chapter.

(2) The Commission may procure, without regard to the civil service or classification laws, temporary and intermittent services of such personnel as is necessary to the extent authorized by section 3109 of title 5, but at rates not to exceed the rate specified at the time of such service for grade GS–18 in section 5332 of title 5, including traveltime, and while so serving on the business of the Commission away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons employed intermittently in the Government service.

(Pub. L. 91–345, §6, July 20, 1970, 84 Stat. 442; Pub. L. 93–29, title VIII, §802(b), May 3, 1973, 87 Stat. 59; Pub. L. 102–95, §5, Aug. 14, 1991, 105 Stat. 479; Pub. L. 104–208, div. A, title I, §101(e) [title VII, §703(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009-307.)

References in Text

The provisions of title 5 covering appointments in the competitive service, referred to in subsec. (c)(1), are classified to sections 3301 et seq. of Title 5, Government Organization and Employees.

The civil service laws, referred to in subsec. (c)(2), are set forth in Title 5. See, particularly, section 3301 et seq. of Title 5.

The classification laws, referred to in subsec. (c)(2), are set forth in chapter 51 (§5101 et seq.) and subchapter III (§5331 et seq.) of chapter 53 of Title 5.

Amendments

1996—Subsec. (a). Pub. L. 104–208, §101(e) [title VII, §703(b)(1)(A), (B)(ii), (C)], in first sentence, substituted "Librarian of Congress, the Director of the Institute of Museum and Library Services (who shall serve as an ex officio, nonvoting member)," for "Librarian of Congress", in second sentence, inserted "and at least one other of whom shall be knowledgeable with respect to the library and information service and science needs of the elderly" before period at end, and in third sentence, inserted "appointive" before "members of the Commission".

Pub. L. 104–208, §101(e) [title VII, §703(b)(1)(B)(i)], substituted "special competence in or knowledge of" for "special competence or interest in". The substitution was made to reflect the probable intent of Congress, in the absence of closing quotations designating the provisions to be inserted.

Pub. L. 104–208, §101(e) [title VII, §703(b)(1)(D)], which directed that "term." be substituted for "term and at least" and all that follows in last sentence of subsec. (a), could not be executed because the phrase "term and at least" did not appear in subsec. (a).

Subsec. (b). Pub. L. 104–208, §101(e) [title VII, §703(b)(2)], substituted "the daily equivalent of the maximum rate authorized for a position above grade GS–15 of the General Schedule under section 5108 of title 5, for each day (including traveltime) during which the members are engaged in the business of the Commission. While" for "the rate specified at the time of such service for grade GS–18 in section 5332 of title 5, including traveltime, and while".

1991—Subsec. (a). Pub. L. 102–95 inserted after third sentence "A majority of members of the Commission shall constitute a quorum for conduct of business at official meetings of the Commission." and substituted "(1) the term of office of any member of the Commission shall continue until the earlier of (A) the date on which the member's successor has been appointed by the President; or (B) July 19 of the year succeeding the year in which the member's appointed term of office shall expire," for "(1) the terms of office of the members first appointed shall commence on July 20, 1970, and shall expire two at the end of one year, three at the end of two years, three at the end of three years, three at the end of four years, and three at the end of five years, as designated by the President at the time of appointment" in fourth sentence.

1973—Subsec. (a). Pub. L. 93–29 required that one of the appointees be knowledgeable with respect to the library and information service and science needs of the elderly.

¹ So in original.

§1506. Authorization of appropriations

There are authorized to be appropriated $911,000 for fiscal year 1992 and such sums as may be necessary for each succeeding fiscal year thereafter to carry out the provisions of this chapter.

(Pub. L. 91–345, §7, July 20, 1970, 84 Stat. 442; Pub. L. 102–95, §6, Aug. 14, 1991, 105 Stat. 479.)

Amendments

1991—Pub. L. 102–95 amended section generally. Prior to amendment, section read as follows: "There are hereby authorized to be appropriated $500,000 for the fiscal year ending June 30, 1970, and $750,000 for the fiscal year ending June 30, 1971, and for each succeeding year, for the purpose of carrying out the provisions of this chapter."