### §9101. General definitions

As used in this chapter:

#### (1) Determined to be obscene

The term "determined to be obscene" means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene.

#### (2) Digital literacy skills

The term "digital literacy skills" means the skills associated with—

(A) using technology to enable users to find, evaluate, organize, create, and communicate information; and

(B) developing digital citizenship and the responsible use of technology.

#### (3) Director

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

#### (4) Final judgment

The term "final judgment" means a judgment that is—

(A) not reviewed by any other court that has authority to review such judgment; or

(B) not reviewable by any other court.

#### (5) Indian tribe

The term "Indian tribe" means any tribe, band, nation, or other organized group or community, including any Alaska native village, regional corporation, or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

#### (6) Institute

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

#### (7) Museum and Library Services Board

The term "Museum and Library Services Board" means the National Museum and Library Services Board established under section 9105a of this title.

#### (8) Obscene

The term "obscene" means, with respect to a project, that—

(A) the average person, applying contemporary community standards, would find that such project, when taken as a whole, appeals to the prurient interest;

(B) such project depicts or describes sexual conduct in a patently offensive way; and

(C) such project, when taken as a whole, lacks serious literary, artistic, political, or scientific value.

(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; amended Pub. L. 108–81, title I, §101, Sept. 25, 2003, 117 Stat. 992; Pub. L. 111–340, title I, §101, Dec. 22, 2010, 124 Stat. 3595; Pub. L. 115–410, §2, Dec. 31, 2018, 132 Stat. 5412.)

#### **Editorial Notes**

#### References in Text

The Alaska Native Claims Settlement Act, referred to in par. (5), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

#### 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.

#### Amendments

2018—Par. (2). Pub. L. 115–410, §2(1), substituted "means the skills associated with—" and subpars. (A) and (B) for "means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information."

Par. (5). Pub. L. 115–410, §2(2), struck out "by the Secretary of the Interior" after "which is recognized".

2010—Pars. (2) to (8). Pub. L. 111–340 added par. (2) and redesignated former pars. (2) to (7) as (3) to (8), respectively.

2003—Par. (1). Pub. L. 108–81, §101(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "The term 'Commission' means the National Commission on Libraries and Information Science established under section 1502 of this title."

Pars. (3) to (5). Pub. L. 108–81, §101(2)–(4), added pars. (3) and (4), redesignated former par. (3) as (5), and struck out heading and text of former par. (4). Text read as follows: "The term 'Museum Board' means the National Museum Services Board established under section 9175 of this title."

Pars. (6), (7). Pub. L. 108–81, §101(5), added pars. (6) and (7).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2003 Amendment

Pub. L. 108–81, title V, §506, Sept. 25, 2003, 117 Stat. 1005, provided that: "The amendments made by this Act [enacting sections 9105a and 9107 to 9109 of this title, amending this section, sections 956a, 974, 1503 to 1505, 9102, 9103, 9106, 9121 to 9123, 9131, 9134, 9141, 9162, 9171 to 9173, and 9176 of this title, and section 170 of Title 26, Internal Revenue Code, repealing sections 9174 and 9175 of this title, enacting provisions set out as a note under this section, and repealing provisions set out as notes under sections 9102, 9103, and 9105 of this title] shall take effect on the date of enactment of this Act [Sept. 25, 2003], except that the amendments made by sections 203, 204, and 305 of this Act [amending sections 9123, 9131, and 9176 of this title] shall take effect on October 1, 2003."

#### Short Title of 2018 Amendment

Pub. L. 115–410, §1(a), Dec. 31, 2018, 132 Stat. 5412, provided that: "This Act [enacting section 9175 of this title and amending sections 9101, 9103, 9105a, 9108, 9111, 9121 to 9123, 9131, 9134, 9141, 9151, 9162, 9165, 9171 to 9173, and 9176 of this title] may be cited as the 'Museum and Library Services Act of 2018'."

#### Short Title of 2010 Amendment

Pub. L. 111–340, §1(a), Dec. 22, 2010, 124 Stat. 3594, provided that: "This Act [enacting part 4 of subchapter II of this chapter and sections 9110 and 9111 of this title, amending this section and sections 953, 958, 9103, 9105, 9105a, 9107, 9108, 9121, 9123, 9131, 9134, 9141, 9162, 9171 to 9173, and 9176 of this title, repealing chapter 34 of this title, and enacting provisions set out as notes under section 9102 of this title] may be cited as the 'Museum and Library Services Act of 2010'."

#### Short Title of 2003 Amendment

Pub. L. 108–81, §1, Sept. 25, 2003, 117 Stat. 991, provided that: "This Act [enacting sections 9105a and 9107 to 9109 of this title, amending this section, sections 956a, 974, 1503 to 1505, 9102, 9103, 9106, 9121 to 9123, 9131, 9134, 9141, 9162, 9171 to 9173, and 9176 of this title, and section 170 of Title 26, Internal Revenue Code, repealing sections 9174 and 9175 of this title, enacting provisions set out as notes under this section and section 956a of this title, and repealing provisions set out as notes under sections 9102, 9103, and 9105 of this title] may be cited as the 'Museum and Library Services Act of 2003'."

#### 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 of 1996 Amendment

Pub. L. 104–208, div. A, title I, §101(e) [title VII, §701], Sept. 30, 1996, 110 Stat. 3009–233, 3009–293, 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 former Title 40, Public Buildings, Property, and Works, section 214 of former Title 40, Appendix, section 3338 of Title 42, The Public Health and Welfare, section 254 of Title 47, Telecommunications, 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'."

#### Short Title

Pub. L. 94–462, title II, §201, as added by Pub. L. 104–208, div. A, title I, §101(e) [title VII, §702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–293, provided that: "This title [enacting this chapter] may be cited as the 'Museum and Library Services Act'."

Pub. L. 94–462, title II, §211, 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'."

Pub. L. 94–462, title II, §271, as added by Pub. L. 108–81, title III, §306(2), Sept. 25, 2003, 117 Stat. 1002, provided that: "This subtitle [subtitle C (§§271–276) of title II of Pub. L. 94–462, enacting subchapter III of this chapter] may be cited as the 'Museum Services Act'."