 
                 CHAPTER 72--MUSEUM AND LIBRARY SERVICES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 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, Sec. 203, as added Pub. L. 104-208, div. A, 
title I, Sec. 101(e) [title VII, Sec. 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, Sec. 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 reallocate 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.
    ``(l) 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, Sec. 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.
