Title 20EducationRelease 119-73

§9133 Payments; Federal share; and maintenance of effort requirements

Title 20 › Chapter CHAPTER 72— - MUSEUM AND LIBRARY SERVICES › Subchapter SUBCHAPTER II— - LIBRARY SERVICES AND TECHNOLOGY › Part Part 1— - Basic Program Requirements › § 9133

Last updated Apr 6, 2026|Official source

Summary

If money is provided under section 9123, the Director must pay each State library administrative agency that has an approved State plan the federal share of the costs in that plan. The federal share is 66 percent. The rest must come from non‑federal sources, such as State or local funds. A State can lose part of its allotment if its spending falls too low. If a State’s spending in the previous fiscal year is less than the average of its spending for the three fiscal years before that, the State’s allotment is cut. The cut equals the allotment multiplied by (the average minus the State’s spending that year) divided by the average. If federal funding for the program drops from one year to the next, the State spending requirement for the prior year is reduced by the same percentage when doing this test. Only State dollars spent by the State library agency on eligible library programs count, and one‑time capital costs or windfalls are excluded. The Director can waive these rules for fair reasons like a major disaster or a sudden, unexpected drop in State funds.

Full Legal Text

Title 20, §9133

Education — Source: USLM XML via OLRC

(a)Subject to appropriations provided pursuant to section 9123 of this title, the Director shall pay to each State library administrative agency having a State plan approved under section 9134 of this title the Federal share of the cost of the activities described in the State plan.
(b)(1)The Federal share shall be 66 percent.
(2)The non-Federal share of payments shall be provided from non-Federal, State, or local sources.
(c)(1)(A)(i)The amount otherwise payable to a State for a fiscal year pursuant to an allotment under this part shall be reduced if the level of State expenditures, as described in paragraph (2), for the previous fiscal year is less than the average of the total of such expenditures for the 3 fiscal years preceding that previous fiscal year. The amount of the reduction in the allotment for any fiscal year shall be equal to the allotment multiplied by a fraction—
(I)the numerator of which is the result obtained by subtracting the level of such State expenditures for the fiscal year for which the determination is made, from the average of the total level of such State expenditures for the 3 fiscal years preceding the fiscal year for which the determination is made; and
(II)the denominator of which is the average of the total level of such State expenditures for the 3 fiscal years preceding the fiscal year for which the determination is made.
(ii)Any decrease in State expenditures resulting from the application of subparagraph (B) shall be excluded from the calculation of the average level of State expenditures for any 3-year period described in clause (i).
(B)If the amount made available under this subchapter for a fiscal year is less than the amount made available under this subchapter for the preceding fiscal year, then the expenditures required by subparagraph (A) for such preceding fiscal year shall be decreased by the same percentage as the percentage decrease in the amount so made available.
(2)The level of State expenditures for the purposes of paragraph (1) shall include all State dollars expended by the State library administrative agency for library programs that are consistent with the purposes of this subchapter. All funds included in the maintenance of effort calculation under this subsection shall be expended during the fiscal year for which the determination is made, and shall not include capital expenditures, special one-time project costs, or similar windfalls.
(3)The Director may waive the requirements of paragraph (1) if the Director determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1997—Subsec. (c)(1)(A)(i). Pub. L. 105–128 amended second sentence generally. Prior to amendment, second sentence read as follows: “The amount of the reduction in allotment for any fiscal year shall be equal to the amount by which the level of such State expenditures for the fiscal year for which the determination is made is less than the average of the total of such expenditures for the 3 fiscal years preceding the fiscal year for which the determination is made.”

Reference

Citations & Metadata

Citation

20 U.S.C. § 9133

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73