1995 US Code
Title 20 - EDUCATION
CHAPTER 16 - PUBLIC LIBRARY SERVICES AND CONSTRUCTION
Sec. 351a - Definitions

View Metadata

§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 for the purchase, lease, and installation of 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 ensure safe working environments and 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 information and building technologies, video and telecommunications equipment, 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, Palau 1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48).

(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 libraries, and libraries serving the handicapped, in the State and of persons using such libraries, including disadvantaged persons within the State;

(B) advise the State library administrative agency on the development of, and policy matters arising in the administration of, the State plan; and

(C) assist the State library administrative agency in the evaluation of activities assisted under this chapter;

(9) “State institutional library services” 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 long-range 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.

(17) The term “handicapped individual” means an individual who is physically or mentally impaired, visually impaired, or hearing impaired.

(18) The term “network” means any local, statewide, regional, interstate, or international cooperative association of library entities which provide for the systematic and effective coordination of the resources of school, public, academic, and special libraries and information centers for improved supplementary services for the clientele served by each type of library entity.

(19) The term “technology enhancement” means the acquisition, installation, maintenance, or replacement, of substantial technological equipment (including library bibliographic automation equipment) necessary to provide access to information in electronic and other formats made possible by new information and communications technologies.

(20) The term “educationally disadvantaged adult” has the meaning given that term in section 1201a(3)(A) of this title.

(21) The term “adult with limited literacy skills” means an adult whose minimal skills in reading, writing, or computation or in performing basic arithmetical computations preclude the individual from functioning in society without assistance from others.

(June 19, 1956, ch. 407, §3, as added Dec. 30, 1970, Pub. L. 91–600, §2(b), 84 Stat. 1660; 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; Mar. 15, 1990, Pub. L. 101–254, §§2, 16(a), 23(b), 104 Stat. 101, 105, 113; July 25, 1991, Pub. L. 102–73, title VIII, §802(e)(1), 105 Stat. 361.)

References in Text

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.

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in par. (7), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

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

1991—Par. (7). Pub. L. 102–73, which directed the substitution of “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “or the Trust Territory of the Pacific Islands” in subsection (g) of this section, was executed to par. (7) to reflect the probable intent of Congress.

1990—Par. (2). Pub. L. 101–254, §2(1), substituted “and for the purchase, lease, and installation of equipment” for “and initial equipment”, “to ensure safe working environments and to conserve energy” for “to conserve energy”, and “includes information and building technologies, video and telecommunications equipment, machinery” for “includes machinery”.

Pars. (17), (18). Pub. L. 101–254, §2(2), added pars. (17) and (18).

Par. (19). Pub. L. 101–254, §16(a), added par. (19).

Pars. (20), (21). Pub. L. 101–254, §23(b), added pars. (20) and (21).

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 Education”.

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 1990 Amendment

Section 25 of Pub. L. 101–254 provided that: “The amendments made by this Act [enacting sections 351g, 355e–4, 381, 385 to 385e, and 386 to 386g of this title and amending this section and sections 351b to 351e, 352 to 354, 355a to 355c, 355e, 355e–1, 355e–3, 371, and 375 of this title] shall take effect on October 1, 1990.”

Effective Date of 1973 Amendment

Section 4(b) of Pub. L. 93–133 provided that: “The amendment made by subsection (a) [amending 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, 6813 of this title.

1 So in original. Probably should be preceded by “or”.