PUBLIC LIBRARY SERVICES FOR RURAL

AREAS

Public Law 597 (1956), Public Law 86-679

I. Substance of the existing law, keyed to the United
States Code

NOTE.-Section references are to Title 20 of the 1958 Code, except where an asterisk precedes the citation. Sections marked by an asterisk are found in Title 20 of Supplement III to the 1958 Code.

A. Purpose

Seo.

"To promote the further extension by the several 351 States of public library services to rural areas without services or with inadequate services."

B. Authorization of funds, allotment and the matching formula; payment of funds

1. Total authorization. The Act authorizes an annual appropriation of $7.5 million through the fiscal year of 1966, i.e., through June 30, 1967. The Act also authorizes "such sums as are necessary" for the Federal administration of the Act.

2. Allotments to the "States."

*352

a. For the purposes of the Act, the term "State" *358 (a) includes Puerto Rico, Guam, and the Virgin Islands.

b. A basic allotment of $10,000 each year is to be provided for Guam and the Virgin Islands, and a basic allotment of $40,000 per year for the remainder of the "States." The remainder of the sums appropriated for any one year is to be allotted to each "State" on the basis of the proportion which each State's rural population bears to the rural population of the United States, according to the most recent census.

3. The matching formula: the Federal share and the State percentage. The matching formula consists of two factors, termed the Federal share and the State percentage.

*353

a. "The State percentage"-this figure is obtained 353 (c) by dividing the State per capita income by twice that of the United States, excluding Guam, Puerto Rico, and the Virgin Islands.

Sec. +353 (c)

355(b)

355 (a)

*352

354 (a) (1)

354 (a) (2)

b. "The Federal share"-this figure is the result of subtracting the State's percentage from 100 percent. However, the Federal share can be no greater than 66 percent nor less than 33 percent, and it is set at 66 percent for Puerto Rico, Guam, and the Virgin Islands. 4. Method and conditions of payment.

a. The Commissioner of Education is required to make a periodic estimate (not less than twice a year) of the amount necessary to pay the "Federal share" of the total expenditures for carrying out an approved "State plan" for the specified period. This amount is limited by the allotment determined for each State, and may be adjusted by the Commissioner to the degree that his previous estimate was greater or less than the amount the State should have received for the prior payment. The Commissioner is then to certify the determined amount to the Secretary of the Treasury.

b. The Secretary of the Treasury is then authorized to make the payment to the State, but not unless or until the Commissioner has found that all of the following conditions are satisfied:

(1) That there will be sums available for expenditure under the "State plan" from State or local sources during the fiscal year for which an allotment has been made (a) an amount sufficient to require the payment of the "Federal share" to be at least $10,000 in the case of Guam and the Virgin Islands and $40,000 in the case of any other "State"; and (b) an amount that is not less than the total amount that was expended, in the areas covered by the "State plan" for the year concerned, for public library services in the fiscal year ending June 30, 1956.

(2) That there will be available for expenditure for public library services from State sources an amount that is not less than the total amount actually spent for public library services from State sources in the fiscal year ending June 30, 1956.

C. "The State plan"

The Act requires the submission of a "State plan" by the State to the Commissioner of Education. To be approved, "the State plan for the further extension of public library services to rural areas" must contain the follow

ing:

1. It must provide for the administration of the plan (or supervision of its administration) by the State library administrative agency and provide it with adequate authority under law to administer the plan in accordance with the Library Services Act.

2. It must provide for the receipt by the State Treasurer (or an officer exercising similar functions for the State if there is none) of all funds paid to the State under this Act; and further, must provide for the proper

safeguarding of the funds, that the funds will be used Sec.
only for the purposes for which paid, and that the State
will repay the United States for funds that are lost or
misused.

3. It must provide policies and methods of adminis- 354 (a) (3) tration to be followed which the State library administrative agency is to certify as assuring the use of the funds to the maximum advantage.

4. It must provide that the State library administra- 354 (a) (4) tive agency will make reports as to categories of expenditures, as the Commissioner of Education may periodically require.

5. It must provide that any library services furnished 354 (a) (5) under the plan shall be made available free of charge under regulations prescribed by the State library administrative agency.

D. Failure to comply with the Act or the "State plan": withholding of payments

The Commissioner of Education is authorized to with- 356 hold payments to a State where the "State plan" has been changed so that it no longer complies with the requirements of the Act, or when in the administration of the "State plan" there is a failure to comply with its provisions. Before withholding payments the Commissioner must provide the State agency with reasonable notice and opportunity for hearing. The State or State agency is entitled to judicial review of the Commissioner's determination in a United States District Court in accordance with applicable provisions of the Administrative Procedure Act (5 U.S.C. sec. 1001-1011 (1958)). E. Essential terms defined

1. The term "State library administrative agency" 358 (b) means the official State agency charged by State law with the extension and development of public library services throughout the State.

2. The term "public library" means a library that 358 (c) serves all residents of the community without charge, and that is supported in whole or in part from public funds.

3. The term "rural area" does not include an incorpo- 358 (e) rated or unincorporated town with a population of more than ten thousand.

F. Use of the funds and limitations on their use

1. Determination by the States. The Act provides 351 (b) that its provisions are not to be construed so as to interfere with State and local initiative and responsibility in the conduct of library services. The administration of public libraries, the selection of personnel, books and materials, and ("insofar as consistent with the purposes' of the Act) the determination of the best use of the funds provided shall be reserved to States and their local subdivisions.

91874-63- -6

2. Limitations on the use of the funds.

a. No portion of the funds paid to a State under the Act is to be applied directly or indirectly to the purchase or erection of any building or buildings, or for the purchase of any land.

b. The funds paid to a State under the Act are to be used only to provide or improve library services in a rural area. But this is not to be construed as prohibiting the use of the funds by libraries in other areas for the exclusive purpose of extending public library service to rural areas, if this use has been provided for in an approved "State plan" covering the areas affected.

G. Administration of the act

1. Federal aspect. The Commissioner of Education under the supervision and direction of the Secretary of Health, Education and Welfare, is to administer the Act, and is authorized to prescribe necessary regulations, with the approval of the Secretary. In addition to duties noted above, the Commissioner is required to promulgate the "Federal share" determined for each State, once every even-numbered year, and is authorized to make studies, investigations, and reports as they are necessary or appropriate to carrying out the purposes of the Act; this is to include reports for public distribution that illustrate values, methods, and results of various State demonstrations of public library services in rural areas undertaken under the Act.

2. State aspect. The administration of activities under the Act on the State or local level, by terms of the "State plan" is charged to the State library administrative agency. In addition to its duties noted elsewhere, the agency is required to make the determination of whether library services are inadequate in any area within the State.

II. Legislative background: Selected major provisions by statute, and citations to the sections of the United States Code affected by each

The Library Services Act:

70 Stat. 293 (1956), 20 U.S.C. secs. 351-358 (1958). 1960 Amendment:

74 Stat. 571 (1960), 20 U.S.C. secs. 352, 353, 355 (c), 355 (d), 358 (a) (Supp. III, 1962).

THE VOCATIONAL EDUCATION PROGRAM

Public Law 347 (1917), Public Law 673 (1936), Public Law 586 (1946), Public Law 911 (1956), Public Law 85-864, Public Law 86-70, Public Law 86-624, Public Law 87-22, Public Law 87344

I. Substance of the existing law, keyed to the United States Code

The present vocational education program is essentially the sum of four Acts that were passed between 1917 and 1958. Each of these added some new benefits to the program, and in turn provided specially for the administration of those benefits. For this reason, this presentation of the existing law is developed in four parts. A brief statement of the effect of these Acts follows.

1. The provisions of the Smith-Hughes Act, as amended, established the program of annual appropriations to the States for the assistance of vocational education in the subjects of agriculture, trade, home economics, and industry.

2. The George-Barden Act, as amended, allowed further Federal assistance to develop vocational education in the States in the subjects of agriculture, home economics, trades and industry, distributive occupations, and the fishery trades.

3. Title II of the 1956 Act, as amended, added practical nurse training to the existing vocational education program.

4. Title VIII of the National Defense Education Act of 1958 provided Federal assistance to the States for the improvement of vocational education through area Vocational education programs in technical subjects designed to contribute to the national defense. (Full treatment of the National Defense Education Act of 1958 may be found elsewhere in this print.)

NOTE.-Section references below are to Title 20 of the 1958 Code, except where an asterisk precedes the citation. Sections marked by an asterisk are found in Title 20 of Supplement III to the 1958 Code.