2 U.S.C. § 135a — National library service for the blind and

Page 60 TITLE 2—THE CONGRESS § 135a (R.S. § 84.) Editorial Notes CODIFICATION R.S. § 84 derived from act July 14, 1832, ch. 221, § 4, 4 Stat. 579. § 135a. National library service for the blind and print disabled (a) Accessible materials and reproducers (1) In general The Librarian of Congress is authorized to provide to eligible persons who are residents of the United States (including residents of the several States, insular possessions, and the District of Columbia) and to eligible persons who are United States citizens residing out- side the United States the following items: (A) Literary works published in raised characters, on sound-reproduction record- ings, or in any other accessible format. (B) Musical scores, instructional texts, and other specialized materials used in fur- thering educational, vocational, and cul- tural opportunities in the field of music pub- lished in any accessible format. (C) Reproducers for such formats. (2) Ownership Any item provided under paragraph (1) shall be provided on a loan basis and shall remain the property of the Library of Congress. (b) Lending preference In the lending of items under subsection (a), the Librarian shall at all times give preference to— (1) the needs of the blind and visually dis- abled; and (2) the needs of eligible persons who have been honorably discharged from the Armed Forces of the United States. (c) Network The Librarian of Congress may contract or otherwise arrange with such public or other non- profit libraries, agencies, or organizations as the Librarian may determine appropriate to serve as local or regional centers for the circulation of items described in subsection (a)(1). (d) International service The Librarian of Congress is authorized to pro- vide items described in subparagraphs (A) and (B) of subsection (a)(1) to authorized entities lo- cated in a country that is a party to the Marra- kesh Treaty, if any such items are delivered to authorized entities through online, not physical, means. The Librarian may contract or otherwise arrange with such authorized entities to deliver such items to eligible persons located in their countries in any accessible format and con- sistent with section 121A of title 17. (e) Contracting preference In the purchase and maintenance of items de- scribed in subsection (a), the Librarian of Con- gress, without regard to section 6101 of title 41, shall give preference to nonprofit institutions or agencies whose activities are primarily con- cerned with the blind and with other physically disabled persons, in all cases where, considering all the circumstances and needs involved, the Librarian determines that the prices submitted are fair and reasonable. (f) Regulations The Librarian of Congress shall prescribe reg- ulations for services under this section, in con- sultation with eligible persons and authorized entities. Such regulations shall include proce- dures that shall be used by an individual to es- tablish that the individual is an eligible person. (g) Definitions In this section— (1) the terms ‘‘accessible format’’, ‘‘author- ized entity’’, and ‘‘eligible person’’ have the meanings given those terms in section 121 of title 17; and (2) the term ‘‘Marrakesh Treaty’’ has the meaning given in section 121A of such title 17. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Mar. 3, 1931, ch. 400, § 1, 46 Stat. 1487; Mar. 4, 1933, ch. 279, 47 Stat. 1570; June 14, 1935, ch. 242, § 1, 49 Stat. 374; Apr. 23, 1937, ch. 125, § 1, 50 Stat. 72; June 7, 1939, ch. 191, 53 Stat. 812; June 6, 1940, ch. 255, 54 Stat. 245; Oct. 1, 1942, ch. 575, § 1, 56 Stat. 764; June 13, 1944, ch. 246, § 1, 58 Stat. 276; Aug. 8, 1946, ch. 868, § 1, 60 Stat. 908; July 3, 1952, ch. 566, 66 Stat. 326; Pub. L. 85–308, § 1, Sept. 7, 1957, 71 Stat. 630; Pub. L. 89–522, § 1, July 30, 1966, 80 Stat. 330; Pub. L. 114–219, § 1, July 29, 2016, 130 Stat. 845; Pub. L. 116–94, div. P, title XIV, § 1403(a), Dec. 20, 2019, 133 Stat. 3206.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–94 amended section generally. Prior to amendment, text read as follows: ‘‘There is author- ized to be appropriated annually to the Library of Con- gress, in addition to appropriations otherwise made to said Library, such sums for expenditure under the di- rection of the Librarian of Congress as may be nec- essary to provide books published either in raised char- acters, on sound-reproduction recordings or in any other form, and for purchase, maintenance, and re- placement of reproducers for any such forms, for the use of the blind and for other physically handicapped residents of the United States, including the several States, Territories, insular possessions, and the Dis- trict of Columbia, all of which books, recordings, and reproducers will remain the property of the Library of Congress but will be loaned to blind and to other phys- ically handicapped readers certified by competent au- thority as unable to read normal printed material as a result of physical limitations, under regulations pre- scribed by the Librarian of Congress for this service. In the purchase of books in either raised characters or in sound-reproduction recordings the Librarian of Con- gress, without reference to the provisions of section 6101 of title 41, shall give preference to nonprofit-mak- ing institutions or agencies whose activities are pri- marily concerned with the blind and with other phys- ically handicapped persons, in all cases where the prices or bids submitted by such institutions or agen- cies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reason- able.’’ 2016—Pub. L. 114–219 substituted ‘‘and for purchase, maintenance, and replacement of reproducers for any Page 61 TITLE 2—THE CONGRESS § 136 1 See References in Text note below. such forms’’ for ‘‘and for purchase, maintenance, and replacement of reproducers for such sound-reproduc- tion recordings’’ in first sentence. 1966—Pub. L. 89–522 amended section generally, ex- tending availability of books and materials under this section by authorizing their loan to other physically handicapped residents, in addition to blind persons, certified by competent authority as unable to read nor- mal printed material as a result of physical limita- tions. 1957—Pub. L. 85–308 authorized annual appropriation of necessary sums in lieu of provisions which limited annual appropriation to $1,125,000, and struck out limi- tation of $200,000 on amount of appropriated funds to be expended annually for books in raised characters. 1952—Act July 3, 1952, included children within its provisions as well as adults. 1946—Act Aug. 8, 1946, increased annual appropriation from $500,000 to $1,125,000. 1944—Act June 13, 1944, increased annual appropria- tion from $370,000 to $500,000, the amount allocated to sound-reproduction records from $250,000 to $400,000, and struck out provision allocating $20,000 to mainte- nance and replacement of Government-owned repro- ducers. 1942—Act Oct. 1, 1942, substituted ‘‘$370,000’’ for ‘‘$350,000’’, and inserted clause at end of first sentence relating to expenditure of not exceeding $20,000 for maintenance and replacement of reproducers for sound- reproduction records. 1940—Act June 6, 1940, substituted ‘‘$350,000’’ for ‘‘$275,000’’ and ‘‘$250,000’’ for ‘‘$175,000’’. 1939—Act June 7, 1939, inserted last sentence. 1937—Act Apr. 23, 1937, substituted ‘‘$275,000’’ for ‘‘$175,000’’ in two places and ‘‘$175,000’’ for ‘‘$75,000’’. 1935—Act June 14, 1935, substituted ‘‘$175,000’’ for ‘‘$100,000’’ and inserted provision that $100,000 of the $175,000 annual appropriation be expended for books in raised characters and the balance for sound-reproduc- tion records. 1933—Act Mar. 4, 1933, inserted ‘‘published either in raised characters, on sound-reproduction records, or in any other form’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1957 AMENDMENT Pub. L. 85–308, § 2, Sept. 7, 1957, 71 Stat. 630, provided that: ‘‘This Act [amending this section] shall be appli- cable with respect to the fiscal year ending June 30, 1958, and for each fiscal year thereafter.’’ EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 8, 1946, ch. 868, § 2, 60 Stat. 908, provided: ‘‘This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1947, and for each fiscal year thereafter.’’ EFFECTIVE DATE OF 1944 AMENDMENT Act June 13, 1944, ch. 246, § 2, 58 Stat. 276, provided: ‘‘This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1945, and for each fiscal year thereafter.’’ EFFECTIVE DATE OF 1942 AMENDMENT Act Oct. 1, 1942, ch. 575, § 2, 56 Stat. 764, provided: ‘‘This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1943, and for each fiscal year thereafter.’’ EFFECTIVE DATE OF 1937 AMENDMENT Act Apr. 23, 1937, ch. 125, § 2, 50 Stat. 72, provided that: ‘‘This Act [amending this section] shall be applicable with respect to the fiscal year ending June 30, 1938, and for each fiscal year thereafter.’’ § 135a–1. Repealed. Pub. L. 116–94, div. P, title XIV, § 1403(b), Dec. 20, 2019, 133 Stat. 3207 Section, Pub. L. 87–765, Oct. 9, 1962, 76 Stat. 763; Pub. L. 89–522, § 2, July 30, 1966, 80 Stat. 331, related to li- brary of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically disabled residents. See section 135a of this title. § 135b. Local and regional centers; preference to blind and other physically handicapped vet- erans; rules and regulations; authorization of appropriations (a) The Librarian of Congress may contract or otherwise arrange with such public or other non- profit libraries, agencies, or organizations as he may deem appropriate to serve as local or re- gional centers for the circulation of (1) books, recordings, and reproducers referred to in sec- tion 135a of this title, and (2) musical scores, in- structional texts, and other specialized mate- rials referred to in section 135a–1 1 of this title, under such conditions and regulations as he may prescribe. In the lending of such books, record- ings, reproducers, musical scores, instructional texts, and other specialized materials, pref- erence shall at all times be given to the needs of the blind and of the other physically handi- capped persons who have been honorably dis- charged from the Armed Forces of the United States. (b) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. (Mar. 3, 1931, ch. 400, § 2, 46 Stat. 1487; Pub. L. 89–522, § 1, July 30, 1966, 80 Stat. 330.) Editorial Notes REFERENCES IN TEXT Section 135a–1 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–94, div. P, title XIV, § 1403(b), Dec. 20, 2019, 133 Stat. 3207. See section 135a of this title. AMENDMENTS 1966—Pub. L. 89–522 extended Librarian’s authority to arrange for local and regional centers by authorizing him to contract with public or other nonprofit librar- ies, agencies, or organizations, extended field to in- clude recordings, reproducers, musical scores, instruc- tional texts, and other materials, substituted ‘‘Armed Forces of the United States’’ for ‘‘United States mili- tary or naval service’’, and extended veteran preference to include other physically handicapped individuals in addition to blind persons. § 136. Librarian of Congress; rules and regula- tions The Librarian of Congress shall make rules and regulations for the government of the Li- brary. (Feb. 19, 1897, ch. 265, § 1, 29 Stat. 544, 546; Pub. L. 92–310, title II, § 220(f), June 6, 1972, 86 Stat. 204; Pub. L. 114–86, § 3, Nov. 5, 2015, 129 Stat. 675.) Editorial Notes PRIOR PROVISIONS R.S. §§ 88, 89, 4950, which were repealed by acts Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349; Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1428, 1431. AMENDMENTS 2015—Pub. L. 114–86 struck out provisions relating to appointment of Librarian of Congress.