LIBRARY SERVICES AND CONSTRUCTION ACT OF 1964 [Although this act was not modified in the 1st session of the 89th Congress, the text of the act is included in this compendium to enhance its usefulness to the committee as a handbook] A compilation as of February 11, 1964, of the Library Services Act (P.L. 597, 84th Congress; 20 U.S.C. chap. 16) as amended by P.L. 896, 84th Congress; P.L. 86-679; P.L. 87-688; and P.L. 88-269; and as renamed the Library Services and Construction Act AN ACT To promote the further development of public library services Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Library Services and Construction Act". DECLARATIONS OF POLICY SEC. 2. (a) It is the purpose of this Act to promote the further extension by the several States of public library services to areas without such services or with inadequate services. (b) The provisions of this Act shall not be so construed as to interfere with State and local initiative and responsibility in the conduct of public library services. The administration of public libraries, the selection of personnel and library books and materials, and, insofar as consistent with the purposes of this Act, the determination of the best uses of the funds provided under this Act shall be reserved to the States and their local subdivisions. TITLE I-PUBLIC LIBRARY SERVICES AUTHORIZATION OF APPROPRIATIONS SEC. 101. There are authorized to be appropriated for the fiscal year ending June 30, 1957, and for each of the next six fiscal years the sum of $7,500,000, for the fiscal year ending June 30, 1964, the sum of $25,000,000, and for each of the next two fiscal years such sums as the Congress may determine, which shall be used for making payments to States which have submitted and had approved by the Commissioner of Education (hereinafter referred to as the Commissioner) State plans for the further extension of public library services to areas without such services, or with inadequate services. By sec. 1(f) of P.L. 88-269, the amendment changing "rural 233 ALLOTMENTS TO STATES SEC. 102. From the sums appropriated pursuant to section 101 for each fiscal year, the Commissioner shall allot $25,000 each to Guam, American Samoa, and the Virgin Islands and $100,000 to each of the other States, and shall allot to each State such part of the remainder of such sums as the population of the State bears to the population of the United States, according to the most recent decennial census. The allotment to any State under this section for the fiscal year ending June 30, 1964, shall be available for payments to such State with respect to expenditures under its approved State plan during such year and the next fiscal year. By sec. 3(a) of P.L. 88-269, the substitution of "$25,000" and STATE PLANS SEC. 103. (a) To be approved under this section, a State plan for the further extension of public library services must (1) provide for the administration, or supervision of the administration, of the plan by the State library administrative agency, and provide that such agency will have adequate authority under State law to administer the plan in accordance with its provisions and the provisions of this Act; (2) provide for the receipt by the State treasurer (or, if there be no State treasurer, the officer exercising similar functions for the State) of all funds paid to the State pursuant to this Act and for the proper safeguarding of such funds by such officer, provide that such funds shall be expended solely for the purposes for which paid, and provide for the repayment by the State to the United States of any such funds lost or diverted from the purposes for which paid; (3) provide policies and methods of administration to be followed in using any funds made available for expenditure under the State plan, which policies and methods the State library administrative agency certifies will in its judgment assure use of such funds to maximum advantage in the further extension of public library services to areas without such services or with inadequate services; (4) provide that the State library administrative agency will make such reports as to categories of expenditures made under this Act, as the Commissioner may from time to time reasonably require; and (5) provide that any library services furnished under the plan shall be made available free of charge under regulations prescribed by the State library administrative agency. By sec. 1(f) of P.L. 88-269, the amendment deleting the the case of expenditures under State plans for periods after June 30, 1964. The deletion of the word "rural" (which preceded the word "areas" in paragraph (3)) is, by sec. 4 of P.L. 88-269, effective July 1, 1963. However, by sec. 1(f) of said P.L. 88-269, the amendment applies in the case of expenditures under State plans for periods after June 30, 1964. (b) The Commissioner shall approve any plan which fulfills the conditions specified in subsection (a) of this section. (c) The determination of whether library services are inadequate in any area within any State shall be made by the State library administrative agency of such State. PAYMENTS TO STATES SEC. 104. (a) From the allotments available therefor under section 102, the Secretary of the Treasury shall from time to time pay to each State which has a plan approved under section 103 an amount computed as provided in subsection (b) of this section, equal to the Federal share of the total sums expended by the State and its political subdivisions under such plan during the period for which such payment was made, except that no payments shall be made to any State from its allotment for any fiscal year unless and until the Commissioner finds that (1) there will be available for expenditure under the plan from State or local sources during the fiscal year for which the aloltment is made (A) sums sufficient to enable the State to receive under this section payments in an amount not less than $25,000 in the case of the Virgin Islands, American Samoa, or Guam and $100,000 in the case of any other State, and (B) not less than the total amount actually expended, in the areas covered by the plan for such year, for public library services from such sources in the fiscal year ending June 30, 1963, and (2) there will be available for expenditure for public library services from State sources during the fiscal year for which the allotment is made not less than the total amount actually expended for public library services from such sources in the fiscal year ending June 30, 1963. From such allotments, there shall also be paid to each State for each such period, the Federal share of the total of the sums expended by the State and its political subdivisions during such period for administration of the plan of such State approved under section 203. By sec. 5 of P.L. 88-269, the substitution of "$25,000" and "$100,000" for "$10,000" and "$40,000", respectively, is effective in the case of payments from allotments for fiscal years beginning after June 30, 1963. (b) Prior to each period for which a payment is to be made under subsection (a), but not less often than semiannually, the Commissioner shall estimate the amount to which each State will be entitled under subsection (a) for such period; and the amount so estimated shall be paid, in such installments and at such time or times as the Commissioner may determine, after necessary adjustment on account of any previously made overpayment or underpayment under this section. By sec. 6 of P.L. 88-269, the revision of subsection (b is effective in the case of payments from allotments for fiscal years beginning after June 30, 1963. (c) For the purposes of this section the "Federal share" for any State shall be 100 per centum less the State percentage and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of all the States (excluding Puerto Rico, Guam, American Samoa, and the Virgin Islands), except that (1) the Federal share shall in no case be more than 66 per centum or less than 33 per centum, and (2) the Federal share for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66 per centum. (d) (1) The "Federal share" for each State shall be promulgated by the Commissioner between July 1 and August 31 of each evennumbered year, on the basis of the average of the per capita incomes of each of the States and of all of the States (excluding Puerto Rico, Guam, American Samoa, and the Virgin Islands), for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Commissioner shall promulgate such percentages as soon as possible after the enactment of this Act to be effective until July 1, 1957. (2) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 66 per centum and, for purposes of such promulgations, Alaska shall not be included in determining the per capita income of all of the States. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year, or, when such data are available for a two-year period, for such two years. (e) No portion of any money paid to a State under this title shall be applied, directly or indirectly, to the purchase or erection of any building or buildings, or for the purchase of any land. By sec. 7(i) of P. L. 88-269, the amenments substituting the TITLE II-PUBLIC LIBRARY CONSTRUCTION AUTHORIZATION OF APPROPRIATIONS SEC. 201. There are authorized to be appropriated for the fiscal year ending June 30, 1964, the sum of $20,000,000, and for each of the next two fiscal years such sums as the Congress may determine, which shall be used for making payments to States, which have submitted and had approved by the Commissioner, State plans for the construction of public libraries. ALLOTMENTS SEC. 202. From the sums appropriated pursuant to section 201 for each fiscal year, the Commissioner shall allot $20,000 each to Guam, American Samoa, and the Virgin Islands, and $80,000 to each of the other States, and shall allot to each State such part of the remainder of such sums as the population of the State bears to the population of the United States, according to the most recent decennial census. A State's allotment under this subsection for any fiscal year shall be available for payments with respect to construction projects approved, under its State plan approved under section 203, during such year or (but only in the case of a State allotment for the fiscal year ending June 30, 1964) the next fiscal year. STATE PLANS FOR CONSTRUCTION SEC. 203. (a) To be approved for purposes of this title a State. plan for construction of public libraries must (1) meet the requirements of paragraphs (1), (2), (4), and (5) of section 103 (a); (2) set forth criteria and procedures for approval of projects for construction of public library facilities which are designed to insure that facilities will be constructed only to serve areas, as determined by the State library administrative agency, which are without library facilities necessary to develop library services; (3) provide assurance that every local or other public agency whose application for funds under the plan with respect to a project for construction of public library facilities is denied will be given an opportunity for a fair hearing before the State library administrative agency; and (4) provide assurance that all laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this Act shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276c-5), and shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours Standards Act (Public Law 87-581); and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (b) The Commissioner shall approve any plan which fulfills the conditions specified in subsection (a) of this section. PAYMENTS TO STATES SEC. 204. (a) From its allotment available therefor under section 202 each State shall be entitled to receive an amount equal to the Federal share (as determined under section 104) of projects approved, during the period for which such allotment is available, under the State plan of such State approved under section 203. |