Title 20, EducationRelease 119-110

§9133 Payments; Federal Share; and Maintenance of Effort Requirements

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

Last updated Sep 22, 2026|Official source

Summary

If Congress provides money under section 9123, the Director must pay each State library administrative agency with an approved plan under section 9134 the federal share of the costs in that plan. The federal share is 66 percent. The rest must come from non‑federal sources, like State or local funds. A State’s federal payment can be cut if the State spends less on library programs than its recent average. If the previous year’s spending is below the average of the three years before that, the State’s allotment for the year will be reduced. The cut equals the allotment times a fraction: (the three‑year average minus the State’s spending) divided by that same three‑year average. If federal funding under this law drops from one year to the next, the required State spending is reduced by the same percent. “State expenditures” means State dollars spent by the State library agency on eligible programs in that fiscal year; it excludes capital costs, one‑time projects, or similar windfalls. The Director may waive the spending rule for emergencies, like natural disasters or sudden, severe declines in State funds.

Full Legal Text

Title 20, §9133

Education, Source: USLM XML via OLRC

(a)Payments
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)Federal share
(1)In general
The Federal share shall be 66 percent.
(2)Non-Federal share
The non-Federal share of payments shall be provided from non-Federal, State, or local sources.
(c)Maintenance of effort
(1)State expenditures
(A)Requirement
(i)In general
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)Calculation
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)Decrease in Federal support
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)Level of State expenditures
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)Waiver
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 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110