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agencies in the provision of free public education may, upon application therefor, be reimbursed for the development or administration of such a plan in accordance with the provisions of this section. Each plan developed pursuant to, or which meets the requirements of, this section shall be submitted to the Secretary not later than October 1, 1978, and shall, subject to the provisions of this section, be consistent with the guidelines developed pursuant to paragraph (3). Such plan shall be designed to implement a program of State aid for free public education

(A) which is consistent with such standards as may be required by the fourteenth article of amendment to the Constitution; and

(B) the primary purpose of which is to achieve equality of educational opportunity for all children in attendance at the schools of the local educational agencies of the State.

(2) The Secretary shall develop guidelines defining the principles set forth in clauses (A) and (B) of paragraph (1). Not later than April 1, 1975, the Secretary shall publish such guidelines in the Federal Register and submit such guidelines to the President of the Senate and the Speaker of the House of Representatives.

(3) During the sixty-day period following such publication, the Secretary shall provide interested parties with an opportunity to present views and make recommendations with respect to such guidelines. Not later than July 1, 1975, the Secretary shall (A) republish such guidelines in the Federal Register, together with any amendments thereto as may be merited and (B) publish in the Federal Register a summary of the views and recommendations presented by interested parties under the preceding sentence, together with the comments of the Secretary respecting such views and recommendations.

(4)(A) The guidelines published in accordance with paragraph (3), together with any amendments, shall, not later than July 1, 1975, be subImitted to the President of the Senate and the Speaker of the House of Representatives. If either the Senate or the House of Representatives adopts, prior to December 1, 1975, a resolution of disapproval of such guidelines, the Secretary shall, prior to December 15, 1975, publish new guidelines. Such new guidelines shall take into consideration such views and policies as may be made in connection with such resolution and shall become effective thirty days after such publication.

(B) A resolution of disapproval under this paragraph may be in the form of a resolution of either the Senate or the House of Representatives or such resolution may be in the form of a concurrent resolution of both Houses. If such a resolution of disapproval is in the form of a concurrent resolution, the new guidelines published in accordance with the second sentence of subparagraph (A) of this paragraph shall be consistent with such policies as may be established by such concurrent resolution.

(C) If each of the Houses adopts a separate resolution with respect to guidelines submitted in accordance with this paragraph for any year and in connection therewith makes policy statements which differ substantially, then such dif

ferences may be resolved by the adoption of a concurrent resolution by both Houses. Any such concurrent resolution shall be deemed to be adopted in accordance with subparagraph (B).

(b) Guidelines; reasons for State rejection

Any State developing a plan pursuant to this section may reject any guidelines developed and published under subsection (a) of this section if such State, as a provision of its plan, states the reasons for each such rejection. (c) Reimbursement to States; limitation; “State” de

fined

(1) Each State that develops a plan under this section shall be reimbursed for the reasonable amounts expended by the State in the development or administration of such a plan based upon the ratio of the population of that State to the population of all States except that no State shall receive less than $100,000 and no State shall receive more than $1,000,000.

(2) For the purposes of this section the term "State" means the fifty States.

(Pub. L. 93-380, title VIII, § 842, Aug. 21, 1974, 88 Stat. 610; Pub. L. 94-482, title III, § 326, Oct. 12, 1976, 90 Stat. 2220; Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692.)

CODIFICATION

Section was enacted as a part of Education Amendments of 1974, and not as part of Educational Agencies Financial Aid Act which comprises this chapter.

AMENDMENTS

1976-Subsec. (a)(1). Pub. L. 94-482 substituted "October 1, 1978” for “July 1, 1977”.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, except either as specifically otherwise provided or, if not so specifically otherwise provided, effective July 1, 1976, for those amendments providing for authorization of appropriations, see section 532 of Pub. L. 94-482, set out as an Effective Date of 1976 Amendment note under section 1001 of this title.

EFFECTIVE DATE

Section effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as an Effective Date of 1974 Amendment note under section 244 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsec. (a) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Educa

tion.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1231c-1 of this title.

CHAPTER 14-SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES

CODIFICATION

The act of Sept. 23, 1950, ch. 995, 64 Stat. 967, formerly classified to this chapter, was completely

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Sections 251 to 254, act Sept. 23, 1950, ch. 995, title I, §§ 101 to 104, 64 Stat. 967, 968, authorized appropriations, provided for State applications for funds, allotments and payments to States, and to withholding of certification.

Section 255, acts Sept. 23, 1950, ch. 995, title I, § 105, 64 Stat. 969; Aug. 8, 1953, ch. 400, § 2(m), 67 Stat. 529, related to delegation of functions and payment of expenses.

SUBCHAPTER II-SCHOOL CONSTRUCTION IN FEDERALLY-AFFECTED AREAS §§ 271 to 280. Omitted or transferred

CODIFICATION

Section 271, act Sept. 23, 1950, ch. 995, title II, § 201, 64 Stat. 969, contained a declaration of policy for school construction in federally-affected areas.

Section 272, acts Sept. 23, 1950, ch. 995, title II, § 202, 64 Stat. 969; Aug. 2, 1954, ch. 649, title VIII, § 808(a), 68 Stat. 645, authorized payments to local education agencies.

Section 273, acts Sept. 23, 1950, ch. 995, title II, § 203, 64 Stat. 971; Aug. 12, 1955, ch. 868, § 4, 69 Stat. 713, related to payments where effect of Federal activities, would be temporary, and for donation of temporary school activities.

Section 274, act Sept. 23, 1950, ch. 995, title II, § 204, 64 Stat. 972, related to children for whom local agencies cannot provide education.

Section 275, acts Sept. 23, 1950, ch. 995, title II, § 205, 64 Stat. 972; Aug. 8, 1953, ch. 400, § 2(a), 67 Stat. 528, related to applications for assistance, construction projects, and reimbursement.

Section 276, act Sept. 23, 1950, ch. 995, title II, § 206, 64 Stat. 973, provided for certification and payment of funds.

Section 277, acts Sept. 23, 1950, ch. 995, title II, § 207, 64 Stat. 974; Aug. 8, 1953, ch. 400, § 2(b), 67 Stat. 528; Aug. 28, 1958, Pub. L. 85-791, § 32, 72 Stat. 951, related to withholding of certification and judicial review.

Section 278, act Sept. 23, 1950, ch. 995, title II, § 208, 64 Stat. 975, provided for the administration of act Sept. 23, 1950.

Section 279, acts Sept. 23, 1950, ch. 995, title II, § 209, 64 Stat. 975; Aug. 8, 1953, ch. 400, § 2(c) to (f), 67 Stat. 528; Aug. 31, 1954, ch. 1149, § 7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 1, 71 Stat. 593, related to use of other Federal agencies; transfer and availability of appropriations, and additional grants for non-Federal share.

Section 280, acts Sept. 23, 1950, ch. 995, title II, § 210, 64 Stat. 976; Aug. 8, 1953, ch. 400, § 2(g) to (2), 67 Stat. 528; Aug. 1, 1956, ch. 852, § 11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, § 102, 70 Stat. 968; Aug. 21, 1957, Pub. L. 85-161, 71 Stat. 403, contained definitions of terms used in act Sept. 23, 1950.

SUBCHAPTER III-ASSISTANCE IN AREAS WITH SUBSTANTIAL INCREASES IN FEDERALLY-CONNECTED SCHOOL

CHILDREN

§§ 291 to 302. Omitted or transferred

CODIFICATION

Section 291, act Sept. 23, 1950, ch. 995, title III, § 301, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522, and amended Aug. 31, 1954, ch. 1149, § 1, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 103, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 2, 71 Stat. 593, stated the purpose of former sections 291 to 302 of this title and authorized appropriations.

Section 292, act Sept. 23, 1950, ch. 995, title III, § 302, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522, provided for annual apportionment of funds.

Section 293, act Sept. 23, 1950, ch. 995, title III, § 303, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522, and amended Aug. 31, 1954, ch. 1149, § 2, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 104, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 3, 71 Stat. 593, related to dates for filing applications, and to priorities.

Section 294, act Sept. 23, 1950, ch. 995, title III, § 304, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 522, and amended Aug. 31, 1954, ch. 1149, § 3, 68 Stat. 1005; Aug. 12, 1955, ch. 868, § 5, 69 Stat. 714; Aug. 3, 1956, ch. 915, title I, § 105, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 4, 71 Stat. 593, related to the Federal share of the cost of projects.

Section 295, act Sept. 23, 1950, ch. 995, title III, § 305, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 523, and amended Aug. 31, 1954, ch. 1149, §§ 4, 5, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, § 106, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85-267, § 5, 71 Stat. 593, prescribed limitations on total payments to local agencies.

Section 296, act Sept. 23, 1950, ch. 995, title III, § 306, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 524, and amended Aug. 3, 1956, ch. 915, title I, § 107, 70 Stat. 969, related to filing and approval of application for assistance.

Section 297, act Sept. 23, 1950, ch. 995, title III, § 307, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525, related to payments to local agencies.

Section 298, act Sept. 23, 1950, ch. 995, title III, § 308, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525, and amended Aug. 12, 1955, ch. 868, § 7, 69 Stat. 715, related to availability of appropriations, special fund for additional grants, and to payments in cases affected by change in regulations.

Section 299, act Sept. 23, 1950, ch. 995, title III, § 309, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 525, and amended Aug. 12, 1955, ch. 868, § 4, 69 Stat. 713, prescribed procedure in cases of temporary Federal activities, and authorized donation of temporary school facilities.

Section 300, act Sept. 23, 1950, ch. 995, title III, § 310, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, and amended Aug. 31, 1954, ch. 1149, § 6, 68 Stat. 1005;

Aug. 3, 1956, ch. 915, title I, § 108, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85-267, § 6, 71 Stat. 593, provided for children for whom local agencies are unable to provide education.

Section 301, act Sept. 23, 1950, ch. 995, title III, § 311, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, authorized withholding of payments for noncompli

ance.

Section 302, act Sept. 23, 1950, ch. 995, title III, § 312, as added Sept. 2, 1957, Pub. L. 85-267, § 7, 71 Stat. 593, defined base year and increase period.

SUBCHAPTER IV-ASSISTANCE IN OTHER FEDERALLY-AFFECTED AREAS § 311. Omitted

CODIFICATION

Section, act Sept. 23, 1950, ch. 995, title IV, § 401, as added Aug. 8, 1953, ch. 400, § 1, 67 Stat. 526, and amended Aug. 12, 1955, ch. 868, § 6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, § 109, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85-267, § 8, 71 Stat. 594, authorized assistance in other federally-affected areas.

CHAPTER 15-STUDIES AND RESEARCH ON PROBLEMS IN EDUCATION

§§ 331 to 332b. Omitted

CODIFICATION

Sections constituted the Cooperative Research Act and terminated on and after July 1, 1975, under provisions of section 402(c)(1) of Pub. L. 93-380. See provisions of Special Projects Act, section 1851 et seq. of this title.

Section 331, acts July 26, 1954, ch. 576, § 1, 68 Stat. 533; Apr. 11, 1965, Pub. L. 89-10, title IV, § 401, 79 Stat. 44, related to Congressional declaration of purpose.

Section 331a, act July 26, 1954, ch. 576, § 2, as added Apr. 11, 1965, Pub. L. 89-10, title IV, § 401, 79 Stat. 44, and amended Nov. 3, 1966, Pub. L. 89-750, title I, § 141, 80 Stat. 1202; Jan. 2, 1968, Pub. L. 90-247, title VII, § 706, 81 Stat. 820; Apr. 13, 1970, Pub. L. 91-230, title I, § 143(c), title VIII, §§ 808, 809(c), 84 Stat. 151, 193, 194; June 23, 1972, Pub. L. 92-318, title III, § 303(a)(1), 86 Stat. 333, authorized grants, contracts, and jointly financed arrangements for exemplary projects and management studies, provided for an annual report to Congress, and provided for establishment of an Advisory Council on Research and development, its membership, and appointment of a Chairman.

Section 332, act July 26, 1954, ch. 576, § 3, formerly 2, 68 Stat. 533, renumbered and amended Apr. 11, 1965, Pub. L. 89-10, title IV, §§ 401, 402, 79 Stat. 44, 46; June 23, 1972, Pub. L. 92-318, title III, § 303(a)(2), 86 Stat. 333, authorized appropriations for fiscal years ending June 30, 1973, 1974, and 1975 of $58,000,000; $68,000,000; and $78,000,000 respectively.

Section 332a, act July 26, 1954, ch. 576, § 4, as added Apr. 11, 1965, Pub. L. 89-10, title IV, § 403, 79 Stat. 46, and amended Nov. 3, 1966, Pub. L. 89-750, title I, § 142, 80 Stat. 1203; Apr. 13, 1970, Pub. L. 91-230, title IV, § 401(g)(2), title VIII, § 810, 84 Stat. 174, 194, related to construction of regional facilities, authorizing appropriation of $100,000,000 in the aggregate for fiscal years ending June 30, 1966, through 1970, in subsec. (a); subsec. (b) relating to findings of Commissioner, grants for construction, transfer of title, and operation of facility; subsec. (c), as originally enacted, relating to labor standards; subsec. (d) relating to methods of payment, and subsec. (e) defining "research and related purposes".

Section 332b, act July 26, 1954, ch. 576, § 5, as added Apr. 11, 1965, Pub. L. 89-10, title IV, § 403, 79 Stat. 47, and amended Nov. 3, 1966, Pub. L. 89-750, title I, § 143, 80 Stat. 1203, provided for definitions of "State", "State educational agency", "nonprofit", and "construction" and "cost of construction".

FINANCING ELEMENTARY AND SECONDARY EDUCATION

Pub. L. 91-230, title VIII, § 809(a), (b), Apr. 13, 1970, 84 Stat. 193, contained Congressional statement of findings, purpose, and the need for the establishment of a National Commission on School Finance and a report by such Commission.

NATIONAL COMMISSION ON SCHOOL FINANCE; ESTABLISHMENT; INVESTIGATION AND STUDY OF FINANCING PROBLEMS; REPORT TO CONGRESS; AVAILABILITY OF FUNDS

Pub. L. 91-230, § 809(d), Apr. 13, 1970, 84 Stat. 194, required the Commissioner to establish a National Commission on School Finance consisting of fifteen members, required the Commission to make a full and complete investigation and study of the financing of elementary and secondary education and to report the results of such investigation and study and its recommendations to the Commissioner and to the Congress not later than two years after Apr. 13, 1970, and made funds available for such purposes.

§§ 333 to 337. Repealed. Pub. L. 91-230, title I, § 143(b), Apr. 13, 1970, 84 Stat. 151

Section 333, act July 26, 1954, ch. 577, § 1, 68 Stat. 533, provided for establishment of a National Advisory Committee on Education in the Department of Health, Education, and Welfare.

Section 334, act July 26, 1954, ch. 577, § 2, 68 Stat. 533, provided for composition of the National Advisory Committee on Education, term of office, and ex officio membership of the Commissioner of Education.

Section 335, act July 26, 1954, ch. 577, § 3, 68 Stat. 534, required minimum of three meetings each calendar year.

Section 336, act July 26, 1954, ch. 577, § 4, 68 Stat. 534, authorized the National Advisory Committee to make recommendations, appoint consultants, and submit an annual report to Congress.

Section 337, act July 26, 1954, ch. 577, § 5, 68 Stat. 534, authorized travel expenses and per diem payments but denied compensation to members of the National Advisory Committee. See section 1233c of this title.

Sections 333 to 337 were generally superseded by provisions of section 868 of this title providing for a National Council on Quality in Education.

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Sec.

351e.

351f.

352. 353.

354.

355.

355a.

355b.

355c.

355d.

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355e.

355e-1.

355e-2.

Grants to States for public library services.
Uses of Federal funds.

(a) Development of programs and proj-
ects to extend library services to
physically handicapped, disadvan-
taged areas, etc.; expanding serv-
ices of major urban resource librar-
ies; limitation on grants.
(b) Payment of costs of administering
State plans, planning for and evalu-
ation of library services, dissemina-
tion of information concerning li-
brary services, etc.; increase capac-
ity of State library administrative
agencies.

(c) Reservation of allotments. Annual State program for library services; submission; contents; limitation on reduction of funds.

Omitted.

SUBCHAPTER II-PUBLIC LIBRARY
CONSTRUCTION

Grants to States for public library construction.

Payment of Federal share; uses of Federal funds.

Annual State program for construction of public libraries; submission; contents. Omitted.

SUBCHAPTER III-INTERLIBRARY

COOPERATION

Grants to States for interlibrary cooperation programs.

Federal share.

(a) Payment; use of Federal funds.
(b) Amount.

Annual State program for interlibrary cooperation; submission; contents. 355e-3 to 358. Omitted.

SUBCHAPTER IV-OLDER READERS SERVICES

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such other State library services as library services for physically handicapped, institutionalized, and disadvantaged persons, in strengthening State library administrative agencies, in promoting interlibrary cooperation among all types of libraries, and in strengthening major urban resource libraries.

(b) Non-interference with State responsibilities

Nothing in this chapter shall be construed to interfere with State and local initiative and responsibility in the conduct of library services. The administration of libraries, the selection of personnel and library books and materials, and, insofar as consistent with the purposes of this chapter, the determination of the best uses of the funds provided under this chapter shall be reserved to the States and their local subdivisions.

(June 19, 1956, ch. 407, § 2, 70 Stat. 293; Feb. 11, 1964, Pub. L. 88-269, § 1(a)(1), 78 Stat. 11; July 19, 1966, Pub. L. 89-511, § 2, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1660; Oct. 7, 1977, Pub. L. 95-123, § 4(a), 91 Stat. 1095.)

AMENDMENTS

1977-Subsec. (a). Pub. L. 95-123 inserted "and in strengthening major urban resource libraries" following "all types of libraries".

1970-Subsec. (a). Pub. L. 91-600 added assistance to the States in the improvement of public library services, in public library construction, and in the improvement of State library services for the physically handicapped, institutionalized, and disadvantaged, and assistance to the States in strengthening State library administrative agencies to the list of purposes of this chapter.

Subsec. (b). Pub. L. 91-600 substituted "Nothing in this chapter shall be construed" for "The provisions of this chapter shall not be so construed as".

1966-Subsec. (a). Pub. L. 89-511 added promotion of interlibrary cooperation and assistance to States in providing certain specialized State library services to the list of purposes of the chapter.

1964-Subsec. (a). Pub. L. 88-269 deleted "rural" preceding "areas".

EFFECTIVE DATE OF 1970 AMENDMENT

Section 2(c)(1) of Pub. L. 91-600 provided that: "The amendment made by subsection (b) [enacting sections 351a to 351e of this title, amending sections 351, 352, 353, 354, 355a, 355b, 355c, 355e, 355e-1, and 355e-2 of this title, repealing sections 355, 355d, 355e-3, 355f to 355f-7, 356, 357, 357a, and 358 of this title and enacting provisions set out as notes under section 351 of this title] shall be effective after June 30, 1971."

SHORT TITLE OF 1977 AMENDMENT

Section 1 of Pub. L. 95-123 provided: "That this Act [enacting section 351f of this title and amending sections 351 to 351b, 352 to 354, and 355b of this title] may be cited as the 'Library Services and Construction Act Amendments of 1977'."

SHORT TITLE OF 1970 AMENDMENT

Section 1 of Pub. L. 91-600 provided: "That this Act [enacting sections 351a to 351e of this title, amending sections 351, 352, 353, 354, 355a, 355b, 355c 355e, 355e-1, 355e-2, 1204 and 1211 of this title, repealing sections 355, 355d, 355e-3, 355f to 355f-7, 356, 357, 357a, and 358 of this title and enacting provisions set out as notes under sections 351 and 1204 of this title] may be cited as the 'Library Services and Construction Amendments of 1970'."

SHORT TITLE OF 1966 AMENDMENT Section 1 of Pub. L. 89-511 provided: "That this Act [enacting sections 355e, 355e-2, 355e-3, 355f, 355f-2, 355f-3, 355f-4, 355f-6, and 355f-7 of this title, enacting and amending sections 355e-1, 355f-1, and 355f-5 of this title, amending sections 351, 352, 353, 355, 355a, 355b, 355d, 357, 357a, and 358 of this title, enacting provisions set out as notes under sections 351, 353 and 355 of this title, and redesignating sections 301 to 304 of act June 19, 1956, as sections 501 to 504, respectively] may be cited as the 'Library Services and Construction Act Amendments of 1966'."

SHORT TITLE

Section 1 of act June 19, 1956, as amended by section 10(a) of Pub. L. 88-269, provided that: "This Act [enacting this chapter] may be cited as the 'Library Services and Construction Act'."

FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED PART OF FISCAL YEAR BEGINNING JULY 1, 1975

Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed part of fiscal year beginning July 1, 1975, for purposes of this chapter, see section 204(13) of Pub. L. 94-274, title II, Apr. 21, 1976, 90 Stat. 393, set out as a note under section 390e of Title 7, Agriculture.

STATEMENT OF PURPOSES OF 1970 AMENDMENT Section 2(a) of Pub. L. 91-600 provided that: "It is the purpose of this Act [see Short Title of 1970 Amendment note set out above] to improve the administration, implementation, and purposes of the programs authorized by the Library Services and Construction Act [this chapter] by lessening the administrative burden upon the States through a reduction in the number of State plans which must be submitted and approved annually under such Act and to afford the States greater discretion in the allocation of funds under such Act to meet specific State needs and, by providing for special programs to meet the needs of disadvantaged persons, in both urban and rural areas, for library services and for strengthening the capacity of State library administrative agencies for meeting the needs of all the people of the States."

USE OF FUNDS APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30, 1971

Section 2(c)(2) of Pub. L. 91-600 provided that: "In the case of funds appropriated to carry out programs under the Library Services and Construction Act [this chapter] for the fiscal year ending June 30, 1971, each State is authorized, in accordance with regulations of the Commissioner of Education, to use a portion of its allotment for the development of such plans as may be required by such Act, as amended by subsection (b) [see Effective Date of 1970 Amendment note set out above]."

§ 351a. Definitions

The following definitions shall apply to this chapter:

(1) "Secretary" means the Secretary of Education.

(2) "Construction” includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects' fees and the cost of acquisition of land). For the purposes of this paragraph, the term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them; and such term includes all other items necessary for the

functioning of a particular facility as a facility for the provision of library services.

(3) "Library service" means the performance of all activities of a library relating to the collection and organization of library materials and to making the materials and information of a library available to a clientele.

(4) "Library services for the physically handicapped" means the providing of library services, through public or other nonprofit libraries, agencies, or organizations, to physically handicapped persons (including the blind and other visually handicapped) certified by competent authority as unable to read or to use conventional printed materials as a result of physical limitations.

(5) "Public library" means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library which

(A) makes its services available to the public free of charge;

(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries;

(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and

(D) is not an integral part of an institution of higher education.

(6) "Public library services" means library services furnished by a public library free of charge.

(7) "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands.

(8) "State Advisory Council on Libraries" means an advisory council for the purposes of clause (3) of section 351d(a) of this title which shall

(A) be broadly representative of the public, school, academic, special, and institutional libraries, and libraries serving the handicapped, in the State and of persons using such libraries, including disadvantaged persons within the State;

(B) advise the State library administrative agency on the development of, and policy matters arising in the administration of, the State plan; and

(C) assist the State library administrative agency in the evaluation of activities assisted under this chapter;

(9) "State institutional library services" means the providing of books and other library materials, and of library services, to (A) inmates, patients, or residents of penal institutions, reformatories, residential training schools, orphanages, or general or special institutions or hospitals operated or substantially supported by the State, or (B) students in residential schools for the physically handicapped

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