16. LIBRARY SERVICES AND CONSTRUCTION ACT, AS AMENDED THROUGH THE 90TH CONGRESS, FIRST SESSION

Enacted on June 19, 1956, as the "Library Services Act", by P.L. 597, 84th Congress (70 Stat. 293), 20 U.S.C. 351. Amended August 1, 1956, by P.L. 896, 84th Congress (70 Stat. 911), on August 31, 1960, by P.L. 86-679 (74 Stat. 571), and on September 25, 1962, by P.L. 87-688 (76 Stat. 587). Amended and renamed the "Library Services and Construction Act", on February 11, 1964, by P.L. 88-269 (78 Stat. 11). Amended on July 19, 1966, by P.L. 89-511 (80 Stat. 313); and on November 24, 1967 by P.L. 90–154 (81 Stat. 509).

AN ACT To promote the further developments 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 20 U.S.C. 351. further extension by the several States of public library services to areas without such services or with inadequate services, to promote interlibrary cooperation, and to assist the States in providing certain specialized State library 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

AUTHORIZATIONS OF APPROPRIATIONS

SEC. 101. There are authorized to be appropriated for the 20 U.S.C. 352. fiscal year ending June 30, 1967, $35,000,000; for the fiscal year ending June 30, 1968, $45,000,000; for the fiscal year ending June 30, 1969, $55,000,000; for the fiscal year ending June 30, 1970, $65,000,000; and for the fiscal year ending June 30, 1971, $75,000,000, 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.

20 U.S.C. 353.

20 U.S.C. 354.

20 U.S.C. 355.

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, the Trust Territory of the Pacific Islands, 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.

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 make available free of charge under regulations prescribed by the State library administrative agency.

(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.

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 (other than the Trust Territory of the Pacific Islands) 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 allotment 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, the Trust Territory of the Pacific Islands, 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 second preceding fiscal year, 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 second preceding fiscal year.

(b) The Commissioner shall from time to time estimate the amount to which a State is entitled under subsection (a), and such amount shall be paid to the State, in advance or by way of reimbursement, at such time or times and in such installments as the Commissioner may determine, after necessary adjustment on account of any previously made overpayment or underpayment.

(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, the Trust Territory of the Pacific Islands, and the Virgin Islands), except that (1) the Federal share shall be in no case 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, and the Federal share for the Trust Territory of the Pacific Islands shall be 100 per centum.

(d) The "Federal share" for each State shall be promulgated by the Commissioner between July 1 and August 31 of each even-numbered 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, the Trust Territory of the Pacific Islands, 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.

(e) No portion of any money paid to a State under this title shall be applied, directly or indirectly, to the purchase or

20 U.S.C. 355a.

20 U.S.C. 355b.

20 U.S.C. 355c.

erection of any building or buildings, or for the purchase of any land.

TITLE II-PUBLIC LIBRARY CONSTRUCTION

AUTHORIZATION OF APPROPRIATIONS

SEC. 201. There are authorized to be appropriated for the fiscal year ending June 30, 1967, $40,000,000; for the fiscal year ending June 30, 1968, $50,000,000; for the fiscal year ending June 30, 1969, $60,000,000; for the fiscal year ending June 30, 1970, $70,000,000; and for the fiscal year ending June 30, 1971, $80,000,000, 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, the Trust Territory of the Pacific Islands, 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 the administration, during such year and the next fiscal year, of its State plan approved under section 203, and for payments with respect to construction projects approved under such State plan during such year or 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 subscontractors 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