877TH CONGRESS 2p SESSION IN THE HOUSE OF REPRESENTATIVES June 13, 1962 Mr. Foearry introduced the following bill; which was referred to the Com- mittee on Education, and Labor To amend the Library Services Act in order to make areas lacking public libraries or with inadequate public libraries, public elementary and secondary school libraries, and certain college and university libraries, eligible for benefits under that Act, and for other purposes. Be tt enacted by the Senate and House of Representa- tes of the United States of America in Congress assembled, That: the Library Services Act (20 U.S.C. 351-358) is amended to read as follows: “SHORT TITLE “SECTION 1. This Act may be cited as the ‘Library a @ GF Dm & 89 ft: Services Act’. J. 72001-I-——~1 m G9 Do f= 10 ii 12 13 14 15 16 17 18 19 20 a1 22 23 24 20 2 “DECLARATION OF POLICY “Src. 2. The Congress hereby finds and declares that the growing need for information and education for all our people and the rapidly expanding body of knowledge make good libraries essential at all levels of education from ele- mentary school through adult education in order to provide maximum opportunity for study and research and to produce well-informed citizens who are capable of exercising sound judgment and engaging in profitable employment. The present deficiencies of public libraries, school libraries, and college and university libraries are critical. Therefore, a coordinated program of library development is needed in order to bring about maximum availability and utilization of library resources and services. “DEFINITIONS “Sec. 3. For the purposes of this Act— “(1) The term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Canal Zone; except that, as used in section 202 (a), such term does not include the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Canal Zone. ““(2) The term ‘State library administrative agency’ means the official State agency charged by State law with the extension and development of public library services pt bt & & & & 14 15 16 17 18 19 20 21 22 23 ©o o AF ®& oO FP WD WS 3 throughout the State, or, if there is no such agency in a State, the agency or officer designated by the Governor of such State or by State law for purposes of this paragraph. (3) The term ‘public library’ means any library that serves free all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. “(4) The term ‘Secretary’ means the Secretary of Health, Education, and Welfare. “(5) The term ‘Commissioner’ means the (United States) Commissioner of Education. “(6) The term ‘institution of higher education’ means an educational institution in any State which (A) admits as regular students only persons having a certificate of eradua- tion from a school providing secondary education, or the recognized equivalent of such a-certificate, (B) is legally authorized within such State to provide a program of educa- tion beyond secondary education, (C) provides an educa- tional program for which it awards a bachelor’s degree or provides not less than a two-year program which is accept- able for full credit toward such a degree, (D) is a public or other nonprofit institution, and (E) 1s accredited by a na- tionally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, be: © oe a] ao a od oo bo ft beh fh fauch fh a bo kt 14 15 16 17 18 19 20 21 22 23 20 4 on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. “(7) The term ‘State educational agency’ means the - State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency in a State, the officer or agency designated by the Governor of such State or by State law for purposes of this paragraph. “(8) The term ‘school-age population’ means that part of the population which is between the ages of five and seven- teen, both inclusive, and such school-age population for the several States shall be determined by the Commissioner on the basis of the population between such ages for the most recent year for which satisfactory data are available from the Department of Commerce. “(9) The term ‘elementary school’ means a school: which provides elementary education, as determined under State law. (10) The term ‘secondary school’ means a school which provides sécondary education, as determined under State laav. “6 (11) The term ‘public’, as applied to any school, library, or institution, includes a school, library, or institution of any agency of the United States, except that no such school, library, or institution shall be eligible to receive any fk fed & & & 6S. 14 15 16 17 18 19 .20 21 22 23 24 5 grant or other payment under the provisions of this Act. “(12) The term ‘nonprofit’, as applied to a school, library, or institution, means a school, library, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private share- holder or individual. “ADMINISTRATION “Spc. 4. (a) The Commissioner shall administer this Act under the supervision and direction of the Secretary, and shall, with the approval of the Secretary, prescribe such regulations as may be-necessary for the administration of this Act. “(b) The Commissioner is also authorized to make such studies, investigations, and reports as may be necessary or appropriate to carry out the purposes of this Act, including periodic reports for public distribution as to the values, methods, and results of various State demonstrations of public library services undertaken under title I of this Act. “(c) There are hereby authorized to be appropriated for expenses of administration such sums as may be necessary to carry out the functions of the Secretary and the Commis- sioner under this Act. “(d) Nothing. contained in this Act shall be deemed mh OF NO 10 li 12 13 14 15 16 17 18 19 20 21 22 23 24 6 to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over (1) any public library, school library, or the library of any institution of higher education, which is not a library administered by a department or agency of the United States; (2) the personnel of any such library; or (3) the selection of books and other materials for any such library. | “TITLE I—PUBLIC LIBRARIES “AUTHORIZATION OF APPROPRIATIONS “Sco, 101. There is hereby authorized to be appropri- ated for the fiscal year ending June 30, 1968, and for each of the four succeeding fiscal years the sum of $20,000,000, which shall be used for making payments to States which have submitted and have approved by the Commissioner State plans for the further extension of public library services to areas without such services, or with inadequate services. “ALLOTMENTS TO STATES “Sno, 102. From the sums appropriated pursuant to sec- tion 101 for each fiscal year, the Commissioner shall allot $20,000 to the Virgin Islands, Guam, American Samoa, and the Canal Zone, 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 popula- Oo 6 FHF fe oO SP WC NW bt bed fh mh mh oO Oo es © 14 15 16 17 18 19 20 21 22 23 7 tion of the United States, according to the most recent decen- nial 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 ad- minister the plan in accordance with its provisions and the provisions of this title; (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 title and for the proper safeguard- ing 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 pur- poses for which paid ; “(3) provide policies and methods of administration to be followed in using any funds made available for expenditure under the State plen, which policies and a an PrP wo NN o© eo sx 10 il 13 14 15 16 17 18 19 20 21 22 23 8 methods the State library administrative agency cer-. tifies will in its judgment assure use of such funds te 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 ex- penditures made under this title, 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 ad- ministrative agency. “(b) The Commissioner shall approve any plan which fulfills the conditions specified in subsection (a) of this section. “(¢) 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 “Spc. 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 sub- o fm KN OO oO Se OO DN fH re o So & © 14 15 16 17 18 19 20 21 22 23 9 section (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 allotment is made (A) sums sufficient to enable the State to receive under this section payments in an amount not less than $20,000 in the case of the Virgin Islands, Guam, American Samoa, and the Canal Zone, and $80,000 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, 1962, 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, 1962. “(b) The Commissioner shall from time to time, but not less often than semiannually, and prior to the period for which a payment is to be made, estimate the amount, within J. 72001-I——2 o oOo FF @® oO FSF WC WD fA eh mh Do mt © frock GO 14 15 16 17 18 19 20 a1 23 24 20 10 the balance of the allotments for each State, which may be necessary to pay the Federal share of the total expenditures for carrymg out the approved State plan for such period. The Commissioner shall certify to the Secretary of the Treasury the amount so determined, reduced or increased as the case may be by the amount by which he finds that his estimate for any prior period was greater or less than the amount which should have been paid to the State. for such period. The Secretary of the Treasury shall thereupon, | prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Com- missioner, the amount so certified. ““(c) The amount of any State’s allotment for any fiscal year which the Commissioner determines will not be re- quired for such fiscal year for carrying out the State plan approved under this title for which such allotment is avail- able shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under section 102 for such year, but with such adjust- ments as may be necessary to prevent reallotment to any State of any sum in excess of the amount which the Com- missioner estimates it needs and wiil be able to use for such year for carrying out the State plan for which the amount reallotted would be available. Any amount real- © Oo 3 ®&® oOo &® WO HO & fh fk kha wow No fe © 14 15 16 17 18 19 20 21 22 23 24 (25 1i lotted to a State under this paragraph during a year from funds appropriated pursuant to section 101 shall be deemed part of its allotment for such year. “(d) 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, the Virgin Islands, Guam, American Samoa, and the Canal Zone) , 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, the Virgin Islands, Guam, American Samoa, and the Canal Zone shall be 66 per centum. “(e) The Federal share for each State shall be promul- gated 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 all of the States (excluding Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Canal Zone) for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such pro- mulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promul- gation. 14 15 16 17 18 19 20 21 22 12 “¢(f) 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 the purchase of any land. “WITHHOLDING “Src. 105. If the Commissioner finds after reasonable notice and opportunity for hearing to the State agency ad- ministering or supervising the administration of the State plan approved under this title, that the State plan has been so changed that it no longer complies with the requirements - of this title or that in the administration of the plan there is a failure to comply substantially with the provisions required to be included in the plan, he shall notify such State agency that further payments will not be made to the State under this title until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State: Provided, That any State or State — agency shall be entitled to judicial review in the United States district court for the district in which the State or State agency is located of any such withholding determina- tion in accordance with applicable provisions of the Adminis- ‘trative Procedure Act. omen’ oa » ww YS 10 11 12 13 © 14 15 16 17 18 19 20 21 22 23 13 “TITLE II—LIBRARY PROGRAMS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS “APPROPRIATIONS AUTHORIZED “Suc, 201. There are hereby authorized to be appropri- ated $30,000,000 for the fiscal year ending June 30, 1963, and for each of the four succeeding fiscal years, for making grants to State educational agencies under this title to assist them in establishing and maintaining programs of library service in public elementary and secondary schools, which will carry out the objectives of this Act as stated in section 2. “ALLOTMENTS TO STATES | “SEC. 202. (a) From the sums appropriated pursuant to section 201 for any fiscal year the Commissioner shall reserve such amount, but not in excess of 1.6 per centum thereof, as he may determine for allotment as provided in subsection (b). From the remainder of such sums the Com- missioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school- age population of such State bears to the school-age popula- tion of all of the States. The amount allotted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total of in- creases thereby required being derived by proportionately im © DBD we 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 reducing the amount allotted to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any such remaining State from being thereby reduced to less than $50,000. “(b) The amounts reserved by the Commissioner under subsection (a) shall be allotted by the Commissioner among Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Canal Zone, according to their respective needs for assistance in establishing and maintaining programs of library service in public elementary and secondary schools. “STATE PLANS “SEC. 203. (a) Any State which desires to receive pay- ments under this title shall submit to the Commissioner, through its State educational agency, a State plan which— “(1) provides that the State educational agency will be the sole agency for administering the plan; “(2) sets forth a program of library service in public elementary and secondary schools to meet the library needs of all students and to provide the facilities and resources for challenging education for superior students under which funds paid to the State from its allotment under section 202 will be expended solely for projects approved by the State educational agency for (A) acquisition of library materials (printed and audio- © om 38 &® oO -P- DO BW poh ah mm © 12 13 14 15 16 17 18 ig 20 21 22 23 25 15 visual) and library equipment which are suitable for use im providing resources for teaching and learning and which will carry out the objectives of this Act as stated in section 2, (B) the establishment or improvement of local school library supervisory services, (C) minor remodeling of existing space used for library quarters, (D) the establishment or improvement of library super- visory services within the State educational agency, and (E) administration of the State plan; “(3) provides for the establishment of State stand- ards for public elementary and secondary school libraries ; “(4) sets forth principles for determining the priority of such projects in the State for assistance under this title and provides for undertaking such projects, insofar as financial resources available there- for make possible, im the erder determined by the application of such principles; “(5 ) provides an opportunity for a hearing before the State educational agency to any applicant for a project under this title; “(6) provides that the State educational agency will make such reports to the Commissioner, in such form and containing such information, as may be reason- ably necessary to enable the Commissioner to perform his duties under this title: and © @o© DO wT ® w HTH eH fh huh ek wo ds -H © 14 15 16 17 18 19 20 21 22 23 24 — 5 16 “(7) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the State under this title. “(b) The Commissioner shall approve any State plan and any modification thereof which complies with the pro- visions of subsection (a). “PAYMENTS TO STATES “Spc. 204. (a) From the allotments available therefor under section 202, the Secretary of the Treasury shall from time to time pay to each State which has a plan approved under section 208 for the fiscal year ending June 30, 1963, — ~ such payments which equal the amount expended in carry- ing out the State plan, and for the fiscal year ending June 30, 1964, and for each of the three succeeding fiscal years 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 ailot- ment 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 © @o a @& oo FS BD BW FH ee oo 8 je © 14 15 16 17 18 19 20 21 22 23 24 20 i7 an amount not less than that allotted to it by the Commis- sioner in the case of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Canal Zone, and $50,000 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 programs of library service in public ele- mentary and secondary schools from such sources in the fiscal year ending June 30, 1962, and (2) there will be available for expenditure for programs of library service in public elementary and secondary schocls from State sources during the fiscal year for which the allotment is made not less than the total amount actually expended for such programs from such sources in the fiscal year ending June 30, 1962. “(b) The Commissioner shall from time to time, but not less often than semiannually, and prior to the period for which a payment is to be made, estimate the amount, within the balance of the allotments for each State, which may be necessary to pay the Federal share of the total ex- penditures for carrying out the approved State plan for such period. The Commissioner shall certify to the Secretary of the Treasury the amount so determined, reduced or increased as the case may be by the amount by which he finds that his estimate for any prior period was greater or less than the amount which should have been paid to the State for such period. The Secretary of the Treasury shall thereupon, © o 83 &@& oO B® w ND en ee WwW ND tt © 14 15 16 17 18 19 20 24 22 23 24 18 prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Commis- sioner, the amount so certified. _ “(c) The amount of any State’s allotment for any fiscal year which the Commissioner determines will not be re- quired for such fiscal year for carrying out the State plan approved under this title for which such allotment is avail- able shall be ‘available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under section 202 for such year, but with such adjustments as may be necessary to prevent reallotment to any State of any sum in excess of the amount which the Commissioner estimates it needs and will be able to use for such year for carrying out the State plan for which the amount reallotted would be available. Any amount re- allotted to a State under this paragraph during a year from funds appropriated pursuant to section 201 shall be deemed part of its allotment for such year. “(d) For the purposes of this section the ‘Federal share’ for any State shall be 100 per centum less the State percent- age and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita in- come of such State bears to the per capita income of all the States (excluding Puerto Rico, the Virgin Islands, Guam, © co 28 @& o Fe &WO DH bt 10 ti 12 13 14 15 16 17 18 19 20 21 22 23 24 19 American Samoa, and the Canal Zone), 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, the Virgin Islands, Guam, American Samoa, and the Canal Zone shall be 66 per centum. “(e) The Federal share for each State shall be promul- gated by the Commissioner as soon as possible after the enactment of this Act, and again between July 1 and August 31 of the year 1963, on the basis of the average of the per capita incomes of each of the States and all of the States (éx- cluding Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Canal Zone) for the three most recent con- secutive years for which satisfactory data are available from the Department of Commerce. The first such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1, 1962, and ending June 30, 1964, and the second shall be conclusive for each of the three fiscal years in the period beginning July 1, 1964, and ending June 30, 1967. “WITHHOLDING “Sno, 205. If the Commissioner finds, after reasonable notice and opportunity for hearing to the State educational agency administering a State plan approved under this title, that the State plan has been so changed that it no longer complies with the requirements of this title, or that in the © co 3S @® oc Bw w DBO fat foot ch feck fa wo NM we © 14 15 16 17 18 19 20 21 22 23 25 20 administration of the plan there is a failure to comply sub- stantially with the provisions required to be included in the plan, he shall notify such State educational agency that fur- ther payments will not be made to the State for carrying out such plan (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, he shall make no further certifications to the Secretary of the Treasury with respect to such State for carrying out such plan (or shall limit payments to programs under or portion of the State plan not affected by such failure) : Provided, That any State or State agency shall be entitled to judicial review in the United States district court for the district in which the State or State educational agency is located of any such withholding determination in accord- ance with applicable provisions of the Administrative Proce- dure Act. “TITLE INI—LIBRARY GRANTS TO INSTITUTIONS OF HIGHER EDUCATION “APPROPRIATIONS AUTHORIZED “Sec. 301. There are hereby authorized to be appro- priated $10,000,000 for the fiscal year ending June 30, 1963, and for each of the four succeeding fiscal years, to enable the Commissioner to make grants to institutions of oe cof 8 f& oo FP BD BH FF bo BODO ehh keh ht mp 8B SB NM 8 & & 3 & & EF SE S & GS 21 higher education to assist und encourage such institutions in the acquisition for library purposes of books (not including textbooks), periodicals, documents, and other related mate- rials (including necessary: binding) . “QRANT CONDITIONS “Suo, 302. From the sums appropriated pursuant to section 301 for any fiscal year, the Commissioner may, upon application therefor, make a grant for the purposes set forth in such section to any institution of higher education— “(1) in an amount not exceeding 25 per centum of the amount expended by such institution during the fiscal year ending June 30, 1962, for books, periodicals, audio-visual material, documents, and other related materials (including necessary binding) for library pur- poses, or not less than-— “(A) $1,000 if it provides a two-year educa- tional program which is acceptable for full credit toward a bachelor’s degree; “(B) $2,500 if it provides an educational pro- gram for which it awards a bachelor’s degree or a more advanced degree; or “(C) $5,000 if it provides an educational pro- gram for which it awards both bachelors’ and ad- vanced degrees; and 22 1L “(2) if such institution furnishes proof satisfactory . 2 to the Commissioner— 3 “ (i) that it will expend, during the fiscal year 4 for which the grant is requested, for all library pur- 3 poses an amount not less than the amount it ex-~ 6 pended for such purposes during the fiscal year end- 7 ing June 30, 1962, 8 “(ii) that it will expend, during the fiscal year 9 for which the grant is requested, for library purposes 10 for books, periodicals, documents, and other related i materials (including necessary binding) an amount 12 not less than the amount it expended for such ma- 13 terials during the fiscal year ending June 30, 1962, 14 and 15 “ (iii) that it will expend for library purposes 16 during the fiscal year for which the grant is re- 17 quested, in addition to the amount required under 18 clauses (i) and (ii) above, an amount not less than 19 the amount of such grant, and that at least 50 per 20 centum of such expenditure will be for library pur- 21 poses for books, periodicals, documents, and other ad related materials (including necessary binding) . 23 “LIMITATION 24 “Spc. 303. No grant shall be made under this title for 25 books, periodicals, documents, or other related materials eo @© 3 & GH SP © 8 Ff 9 dS fh ch ech bsh ek mk hk fet ®F 8 S$ & 8 6 &® 3 & HF FF &B DW SE GS 23 to be used primarily in connection with any part of the pro- gram of a divinity school, theological seminary, or other institution, or a department or branch of an institution, whose program is for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation. “TITLE IV—LIBRARY TRAINING INSTITUTES “APPROPRIATIONS AUTHORIZED “Suc. 401. There are hereby authorized to be appro- priated $7,500,000 for the fiscal year ending June 30, 1963, and $10,000,000 for each of the four succeeding fiscal years, to enable the Commissioner to arrange, by contracts with institutions of higher education, for the operation by them of short-term or regular session institutes for the provision of training to improve the qualifications of librarians, or indi- viduals preparing to engage in library work. Hach indi- vidual, engaged, or preparing to engage in library work, who attends an institute operated under the provisions of this title shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of his attendance at such institute, and each such individual with oie or more dependents shall receive an additional stipend at the rate of $15 per week for each such dependent for the period of such attendance.”