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 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. 354. 355. 355a. 355b. 355c. 355d. (a) Development of programs and projects to extend library services to physically handicapped, disadvantaged areas, etc.; expanding services of major urban resource libraries; limitation on grants. (b) Payment of costs of administering State plans, planning for and evaluation of library services, dissemination of information concerning library services, etc.; increase capacity of State library administrative agencies. (c) Reservation of allotments. Annual State program for library services; submission; contents; limitation on reduction of funds; ratable reduction. Omitted. SUBCHAPTER II-PUBLIC LIBRARY Grants to States for public library construction. Federal share. (a) Payment; uses of Federal funds. (b) Limit on Federal share. (c) Recovery of value of grant. Annual State program for construction of public libraries; submission; contents. Omitted. 375. Services in States with Indian tribes not residing on or near reservations. SUBCHAPTER V-FOREIGN LANGUAGE MATERIALS ACQUISITION Grants for foreign language material acquisition. (a) Duty of Secretary. (b) Selection of recipients. (c) Funding limitation. SUBCHAPTER VI-LIBRARY LITERACY State and local library grants. (a) Duty of Secretary; grants for support (b) Purposes of grants to State libraries. (e) Funding limitation. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 3489 of this title; title 40 App. section 214; title 48 section 1666. § 351. Declaration of policy (a) It is the purpose of this chapter to assist the States in the extension and improvement of public library services to areas and populations of the States which are without such services or to which such services are inadequate and to assist Indian tribes in planning and developing library services to meet their needs. It is the further purpose of this chapter to assist with (1) public library construction and renovation; (2) improving State and local public library services for older Americans, and for handicapped, institutionalized, and other disadvantaged individuals; (3) strengthening State library administrative agencies; (4) promoting interlibrary cooperation and resource sharing among all types of libraries; (5) strengthening major urban resource libraries; and (6) increasing the capacity of libraries to keep up with rapidly changing information technology. (b) 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 and Indian tribes. (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; Oct. 17, 1984, Pub. L. 98-480, title I, § 102, 98 Stat. 2236.) AMENDMENTS 1984-Subsec. (a). Pub. L. 98-480, § 102(a), inserted reference to assisting Indian tribes in planning and developing library services to meet their needs, designated existing provisions as cls. (1) to (5), in cl. (1) as so designated inserted reference to library renovation, in cl. (2) as so designated substituted provisions relating A to the improvement of State and local public library services for older Americans, and for handicapped, institutionalized, and other disadvantaged individuals for provisions relating to the improvement of such other State library services as library services for physically handicapped, institutionalized, and disadvantaged persons, in cl. (4) as so designated inserted reference to resource sharing, and added cl. (6). Subsec. (b). Pub. L. 98-480, § 102(b), inserted reference to Indian tribes. 1977-Subsec. (a). Pub. L. 95-123 inserted "and in strengthening major urban resource libraries" after "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 struck out "rural" before "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 3551-7, 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 1984 AMENDMENT Section 101(a) of title I of Pub. L. 98-480 provided that: "This title [enacting sections 355e-3, 361 to 365, 371 and 375 of this title, amending sections 351 to 351f, 352, 353, 354, 355a, 355b, 355c, 355e, and 355e-2 of this title and enacting provisions set out as notes under this section and section 355b of this title] may be cited as the 'Library Services and Construction Act Amendments of 1984'." 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, respective ly] 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'." CONGRESSIONAL FINDINGS AND DECLARATION OF Section 101(b) of Pub. L. 98-480 provided that: "The Congress finds that "(1) the role of libraries has expanded to include (A) providing programs to meet the needs of special segments of the population, including librarian training and outreach programs, (B) providing literacy training for illiterate and functionally illiterate adults, and (C) sharing resources and materials among a wide variety of libraries; "(2) it has become necessary to expand the role of libraries as information centers for their communities, utilizing improved and new technologies and resources to meet the increasing need for information services and educational resources of Americans in a rapidly changing economy; "(3) funding for construction of new libraries and renovation of existing libraries is essential to ensure continuation of library services for the public; "(4) attention should be paid to the needs of small and rural community libraries and information centers because these facilities are often underfunded and understaffed and as a consequence cannot adequately serve the needs of the community; and "(5) the scope and purpose of the Library Services and Construction Act [this chapter] should therefore be revised to include a more comprehensive range of programs which may receive funds thereunder and to ensure the extension of services to minorities and other populations that would otherwise be unable to use regular library facilities." 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). Such term includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the "Architectural Barriers Act of 1968" [42 U.S.C. 4151 et seq.), remodeling designed to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries. 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, the Northern Mariana 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 li services" (9) "State institutional library 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 (including mentally retarded, hearing impaired, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired persons who by reason thereof require special education) operated or substantially supported by the State. (10) "State library administrative agency" means the official agency of a State charged by law of that State with the extension and development of public library services throughout the State, which has adequate authority under law of the State to administer State plans in accordance with the provisions of this chapter. (11) "Basic State plan" means the document which gives assurances that the officially designated State library administrative agency has the fiscal and legal authority and capability to administer all aspects of this chapter; provides assurances for establishing the State's policies, priorities, criteria, and procedures necessary to the implementation of all programs under provisions of this chapter; and submits copies for approval as required by regulations promulgated by the Secretary. (12) "Long-range program" means the comprehensive program of not less than three nor more than five years which identifies a State's library needs and sets forth the activities to be taken toward meeting the identified needs supported with the assistance of Federal funds made available under this chapter. Such longrange programs shall be developed by the State library administrative agency and shall specify the State's policies, criteria, priorities, and procedures consistent with this chapter as required by the regulations promulgated by the Secretary and shall be updated as library progress requires. (13) "Annual program" means the projects which are developed and submitted to describe the specific activities to be carried out annually toward achieving fulfillment of the long-range program. These annual programs shall be submitted in such detail as required by regulations promulgated by the Secretary. (14) "Major urban resource library" means any public library located in a city having a population of 100,000 or more individuals, as determined by the Secretary. (15) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act [43 U.S.C. 1601 et seq.), which is recognized by the Secretary of the Interior as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) "Hawaiian native” means any individual any of whose ancestors were natives prior to 1778 in the area which now comprises the State of Hawaii. (June 19, 1956, ch. 407, § 3, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1660, and amended Oct. 19, 1973, Pub. L. 93-133, § 4(a), 87 Stat. 466; Oct. 7, 1977, Pub. L. 95-123, § 4(b), 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98-480, title I, § 103(a), (b)(1), 98 Stat. 2237; Nov. 22, 1985, Pub. L. 99-159, title III, § 301, 99 Stat. 902.) REFERENCES IN TEXT The Act of August 12, 1968, commonly known as the "Architectural Barriers Act of 1968", referred to in par. (2), is Pub. L. 90-480, Aug. 12, 1968, 82 Stat. 718, as amended, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables. The Alaskan Native Claims Settlement Act, referred to in par. (15), probably means the Alaska Native Claims Settlement Act, Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, 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. AMENDMENTS 1985-Par. (12). Pub. L. 99-159, § 301(a), substituted "program of not less than three nor more than five years" for "five-year program". Par. (15). Pub. L. 99-159, § 301(b), inserted "by the Secretary of the Interior" after "recognized", and struck out", as determined by the Secretary after consultation with the Secretary of the Interior" after "as Indians". 1984-Par. (1). Pub. L. 98-480, § 103(a)(1), substituted" "Secretary' means the Secretary of Education" for "'Commissioner' means the Commissioner of Educa tion". Par. (2). Pub. L. 98-480, § 103(a)(2), inserted provision that "construction" includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, remodeling designed to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries. Par. (7). Pub. L. 98-480, § 103(a)(3), inserted reference to the Northern Mariana Islands. Par. (9)(B). Pub. L. 98-480, § 103(a)(4), substituted "hearing impaired" for "hard of hearing, deaf" and "orthopedically impaired" for "crippled". Pars. (11) to (14). Pub. L. 98-480, § 103(b)(1), substituted "Secretary" for "Commissioner". Pars. (15), (16). Pub. L. 98-480, § 103(a)(5), added pars. (15) and (16). 1977-Par. (14). Pub. L. 95-123 added par. (14). 1973-Par. (5). Pub. L. 93-133 expanded definition of "Public library" to include research libraries. EFFECTIVE DATE OF 1973 AMENDMENT Section 4(b) of Pub. L. 93-133 provided that: "The amendment made by subsection (a) [amending par. (5) of this section] shall be effective on June 30, 1973, and only with respect to appropriations for fiscal years beginning after such date." EFFECTIVE DATE Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 351d, 351e, 355b of this title. § 351b. Authorization and availability of appropriations; advance funding method (a) Authorization and availability There are authorized to be appropriated (1) for the purpose of making grants as provided in subchapter I, $75,000,000 for fiscal year 1985, $80,000,000 for fiscal year 1986, $85,000,000 for fiscal year 1987, $90,000,000 for fiscal year 1988, and $95,000,000 for fiscal year 1989; (2) for the purpose of making grants as provided in subchapter II, $50,000,000 for each of the fiscal years 1985, 1986, 1987, 1988, and 1989; (3) for the purpose of making grants as provided in subchapter III, $20,000,000 for fiscal year 1985, $25,000,000 for fiscal year 1986, $30,000,000 for fiscal year 1987, $35,000,000 for fiscal year 1988, and $30,000,000 for fiscal year 1989; (4) for the purpose of making grants as provided in subchapter V, $1,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989; and (5) for the purpose of making grants as provided in subchapter VI, $5,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989. There shall be available for the purpose of making grants under subchapter IV for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of clauses (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such clauses for each such fiscal year. (b) Availability Notwithstanding any other provision of law, unless enacted in express limitation of the provisions of this subsection, any sums appropriated pursuant to subsection (a) of this section shall (1), in the case of sums appropriated pursuant to paragraphs (1) and (3) thereof, be available for obligation and expenditure for the period of time specified in the Act making such appropriation, and (2), in the case of sums appropriated pursuant to paragraph (2) thereof, subject to regulations of the Secretary promulgated in carrying out the provisions of section 351c(b) of this title, be available for obligation and expenditure for the year specified in the Appropriation Act and for the next succeeding year. |