Joint resolution to authorize and request the President to call a White House Conference on Library and Information Services not later than 1978, and for other purposes.
PL 93-568 (S.J.Res.40), enacted 12/31/1974

88 STAT. ] 
PUBLIC LAW 93-568-DEC. 31, 1974 
1855 
jobs for unemployed persons in eligible areas. Within 30 days of the 
receipt of such recommendations the Secretary of Commerce and the 
Secretary of Labor shall jointly review such recommendations, and 
the Secretary of Commerce shall after consultation with such depart-
ment, agency, instrumentality, and regional commissions, make alloca-
tions of funds in accordance with section 1003(e) of this title. 
'LIMITATIONS ON USE or FUNDS 
42 u s e 3246d. 
"SEC. 1005. Fifty per centum of the funds appropriated pursuant 
to section 1007 of this title shall be available only for programs and 
projects in which not more than 25 percent of such funds will be 
expended for necessary non-labor costs. 
"RULES AND REGULATIONS 
"SEC. 1006. The Secretary of Commerce shall prescribe such rules, 
''^ use 3246e. 
regulations, and procedures to carry out the provisions of this title 
as will assure that adequate consideration is given to the relative needs 
of applicants for assistance in rural eligible areas and the relative 
needs of applicants for assistance in urban eligible areas and to any 
equitable distribution of funds authorized under this title between 
rural and urban eligible applicants. 
a 
AUTHORIZATION OF APPROPRIATIONS 
42 u s e 3246f. 
"SEC. 1007. There are authorized to be appropriated $500,000,000 for 
the fiscal year 1975 to carry out the provisions of this title, except 
that no further obligation of funds appropriated under this section 
may be made subsequent to a determination that the national average 
rate of unemployment has receded below 6.5 per centum for three 
consecutive calendar months as determined by the Secretary of Labor. 
Any amounts so appropriated for such fiscal year which are not obli-
gated prior to the end of such fiscal year shall remain available for 
obligation until December 31,1975. 
"TERMINATION DATE 
"SEC. 1008. Notwithstanding any other provision of this title, no "
^
^ "^*^ ^2'*^^-
further obligation of funds appropriated under this title shall be made 
by the Secretary of Commerce after December 31,1975." 
"SEC. 302. Section 712 of the Public Works and Economic Develop-
ment Act of 1965 is amended by striking "or 403" and inserting in lieu 
"
^
^ "^^ ^222. 
thereof "403,903, and 1003". 
Approved December 31, 1974. 
Public Law 93-568 
JOINT RESOLUTION 
„ 
^ 
,, ,„, 
December 31, 1974 
To authorize and request the President to call a White House Conference on 
[s. j . Res. 40] 
Library and Information Services not later than 1978, and for other purposes. 
Whereas access to information and ideas is indispensable to the devel-
opment of human potential, the advancement of civilization, and 
the continuance of enlightened self-government; and 
1856 
PUBLIC LAW 93-568-DEC. 31, 1974 
[88 STAT. 
Whereas the preservation and the dissemination of information and 
ideas are the primary purpose and function of libraries and infor-
mation centers; and 
Whereas the growth and augmentation of the Nation's libraries and 
information centers are essential if all Americans are to have rea-
sonable access to adequate services of libraries and information 
centers; and 
Whereas new achievements in technology offer a potential for enabling 
libraries and information centers to serve the public more fully, 
expeditiously, and economically; and 
Whereas maximum realization of the potential inherent in the use 
of advanced technology by libraries and information centers 
requires cooperation through planning for, and coordination of, 
the services of libraries and information centers; and 
Whereas the National Commission on Libraries and Information 
Science is developing plans for meeting national needs for library 
and information services and for coordinating activities to meet 
those needs; and 
Whereas productive recommendations for expanding access to librar-
ies and information services will require public understanding and 
support as well as that of public and private libraries and informa-
tion centers: Now, therefore, be it 
Resolved hy the Senate and House of Representatives 
of the United 
White House 
States of America in Congress assembled^ That (a) the President of 
LiblaTy'^nd In- 
the United States is authorized to call a White House Conference on 
formation Serv- 
Library and Information Services not later than 1978. 
(b) (1) The purpose of the White House Conference on Library 
and Information Services (hereinafter referred to as the "Confer-
ence'") shall be to develop recommendations for the further improve-
ment of the Nation's libraries and information centers and their use 
by the public, in accordance with the policies set forth in the preamble 
to this joint resolution. 
(2) The Conference shall be composed of, and bring together^— 
(A) representatives of local, statewide, regional, and national 
institutions, agencies, organizations, and associations which pro-
vide library and information services to the public; 
(B) representatives of educational institutions, agencies, orga-
nizations, and associations (including professional and scholarly 
associations for the advancement of education and research); 
(C) persons with special knowledge of, and special competence 
in, technology as it may be used for the improvement of library 
and information services; and 
(D) representatives of Federal, State, and local governments, 
professional and lay people, and other members of the general 
public. 
(c) (1) The Conference shall be planned and conducted under the 
direction of the National Commission on Libraries and Information 
Science (hereinafter referred to as the "Commission"). 
ices. 
Authorization 
5331. 
88 STAT. ] 
PUBLIC LAW 93-568-DEC. 31, 1974 
1857 
(2) In administering this joint resolution, the Commission shall— 
(A) when appropriate, request the cooperation and assistance 
of other Federal departments and agencies in order to carry out 
its responsibilities; 
(B) make technical and financial assistance (by grant, con-
tract, or otherwise) available to the States to enable them to 
organize and conduct conferences and other meetings in order 
to prepare for the Conference; and 
(C) prepare and make available background materials for the 
use of delegates to the Conference and associated State confer-
ences, and prepare and distribute such reports of the Conference 
and associated State conferences as may be appropriate. 
(3) (A) Each Federal department and agency is authorized and 
directed to cooperate with, and provide assistance to, the Commission 
upon its request under clause (A) of paragraph (2). For that pur-
pose, each Federal department and agency is authorized to provide 
personnel to the Commission. The Commission shall be deemed to be 
a part of any executive or military department of which a request is 
made under clause (A) of paragraph (2). 
(B) The Librarian of Congress is authorized to detail pereonnel to 
the Commission, upon request, to enable the Commission to carry out 
its functions under this joint resolution, 
(4) In carrying out the provisions of this joint resolution, the Com-
mission is authorized to engage such personnel as may be necessary, 
without regard for the provisions of title 5, L^nited States Code, 
^ "^^ loi ef 
governing appointments in the competitive civil service, and without 
regard for chapter 51, and subchapter I I I of chapter 53 of such title ^^\^^'^ ^^°^' 
relating to classification and General Schedule pay rates. 
(5) The Commission is authorized to publish and distribute for the 
Conference the reports authorized under this joint resolution. . 
(6) Members of the Conference may, while away from their homes 
or regular places of business and attending the Conference, be allowed 
travel expenses, including per diem in lieu of subsistence, as may be 
allowed under section 5703 of title 5, United States Code, for persons 
serving without pay. Such expenses may be paid by way of advances, 
reimbursement, or in installments as the Commission may determine. 
(d) A final report of the Conference, containing such findings and 
Report to presi 
recommendations as may be made by the Conference, shall be sub- fo^'^'ongresT.'"^^ 
mitted to the President not later than one hundred and twenty days 
following the close of the Conference, which final report shall be 
made public and, within ninety days after its receipt by the Presi-
dent, transmitted to the Congress together with a statement of the 
President containing the President's recommendations with respect 
to such report, 
(e) (1) There is hereby established a twenty-eight member advisory ^^^1^^^°'^^ ''°"" 
committee of the Conference composed of (A) at least three members 
Establishment. 
of the Commission designated by the Chairman thereof; (B) five per-
sons designated by the Speaker of the House of Representatives with 
no more than three being members of the House of Representatives; 
(C) five persons designated by the President pro tempore of the Sen-
ate w^th no more than three being members of the Senate; and (D) 
not more than fifteen persons appointed by the President. Such advi-
sory committee shall assist and advise the Commission in planning 
and conducting the Conference. The Chairman of the Commission 
shall serve as Chairman of the Conference. 
(2) The Chairman of the Commission is authorized, in his discre-
tion, to establish, prescribe functions for, and appoint members to, 
such advisory and technical committees as may be necessary to assist 
and advise the Conference in carrying out its functions. 
Travel ex-
penses, per diem. 
note. 
1858 
PUBLIC LAW 93-568-DEC. 31, 1974 
[88 STAT. 
Compensation. 
(3) MeHibers of RHj committee established under this subsection who 
are not regular full-time officers or employees of the United States 
shall, while attending to the business of the Conference, be entitled to 
receive compensation therefor at a rate fixed by the President but not 
exceeding the rate of pay specified at the time of such service for 
^s^usc 5332 
grade GS-18 in section 5332 of title 5, United States Code, including 
traveltime. Such members may, while away from their homes or regu-
lar places of business, be allowed travel expenses, including per diem 
in lieu of subsistence, as may be authorized under section 5703 of title 
5, United States Code, for persons in the Government service employed 
intermittently. 
(f) The Commission shall have authority to accept, on behalf of the 
Conference, in the name of the United States, grants, gifts, or bequests 
of money for immediate disbursement by the Commission in further-
ance of the Conference. Such grants, gifts, or bequests offered the 
Commission, shall be paid by the donor or his representative to the 
Treasurer of the United States, whose receipts shall be their acquit-
tance. The Treasurer of the United States shall enter such grants, 
gifts, and bequests in a special account to the credit of the Commission 
for the purposes of this joint resolution. 
"State," 
(g) PQJ. f}^Q purpose of this joint resolution, the term "State" 
includes the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the Virgin Islands, and the Trust Territory 
of the Pacific Islands. 
Appropriation. 
^j^^ Thcrc are authorized to be appropriated without fiscal year 
limitations such sums, but not to exceed $3,500,000, as may be necessary 
to carry out this joint resolution. Such sums shall remain available for 
obligation until expended. 
lentTL°dstu. 
^^^' ^- (^) (^) (^) ^^^. ^^^^ sentence of section 438(a) (1) of the 
dems.^ ^" ^ "' 
General Education Provisions Act is amended by striking out "State 
Ante, p. 571. 
and local educational agency, any institution of higher education, any 
community college, any school agency offering a preschool program, 
or any other educational institution" and inserting in lieu thereof 
"educational agency or institution". 
(B) Such first sentence is amended by striking out "attending any 
school of such agency, or attending such institution of higher educa-
tion, community college, school, preschool, or other educational 
institution" and inserting in lieu thereof "who are or have been in 
attendance at a school of such agency or at such institution, as the case 
may be". 
(C) The third sentence of such section is amended by striking out 
"recipient" and inserting in lieu thereof "educational agency or 
institution". 
(D) Paragraph (1) of section 438(b) of such Act is amended by 
striking out "State or local educational agency, any institution of 
higher education, any community college, any school, agency offering 
a preschool program, or any other educational institution" and insert-
ing in lieu thereof "educational agency or institution". 
(E) Paragraph (2) of such section is amended by striking out 
"State and local educational agency, any institution of higher educa-
tion, any community college, any school, agency offering a preschool 
program, or any other educational institution" and inserting in lieu 
thereof "educational agency or institution". 
(F) Subsection (e) of section 438 of such Act is amended by striking 
out "unless the recipient of such funds" and inserting in lieu thereof 
"to any educational agency or institution unless such agency or 
institution". 
88 STAT. ] 
PUBLIC LAW 93-568-DEC. 31, 1974 
1859 
Ante, 
p. 571. 
Educational 
agency or institu-
(G) Section 438(a) of such Act is amended by inserting at the end 
thereof the following new paragraph: 
"(3) For the purposes of this section the term 'educational agency 
or institution' means any public or private agency or institution which tion. 
is the recipient of funds under any applicable program.". 
(2) (A) The first sentence of section 438(a)(1) of such Act is 
amended by striking out "any and all official records, files, and data 
directly related to their children, including all material that is incor-
porated into each student's cumulative record folder, and intended 
for school use or to be available to parties outside the school or school 
system, and specifically including, but not necessarily limited to, iden-
tifying data, academic work completed, level of achievement (grades, 
standardized achievement test scores), attendance data, scores on 
standardized intelligence, aptitude, and psychological tests, interest 
inventory results, health data, family background information, teacher 
or counselor ratings and observations, and verified reports of serious 
or recurrent behavior patterns." and inserting in lieu thereof "the 
education records of their children.". 
(B) (i) The second sentence of such section is amended by striking 
out "Where such records or data include" and inserting in lieu thereof 
"If any material or document in the education record of a student 
includes". 
(ii) Such second sentence is amended by striking out "any student 
shall be entitled to receive, or be informed of, that part of such record 
or data as pertains to their child" and inserting in lieu thereof "one 
of such students shall have the right to inspect and review only such 
part of such material or document as relates to such student or to be 
informed of the specific information contained in such part of such 
material". 
(C) The third sentence of such section is amended by striking out 
"their child's school records" and inserting in lieu thereof "the educa-
tion records of their children". 
(D) Section 438(b) (1) of such Act is amended by striking out "per-
sonally identifiable records or files (or personal information contained 
therein)" and inserting in lieu thereof "education records (or person-
ally identifiable information contained therein other than directory 
information, as defined in paragraph (5) of subsection (a))". 
(E) Paragraph (2) of such section is amended by striking out 
"furnishing, in any form, any personally identifiable information con-
tained in personal school records, to any persons other than those 
listed in subsection (b) (1)" and inserting in lieu thereof "releasing, or 
providing access to, any personally identifiable information in edu-
cation records other than directory information, or as is permitted 
under paragraph (1) of this subsection.". 
(F) Section 438(a) of such Act is amended by adding at the end 
thereof the following new paragraphs: 
"(4) (A) For the purposes of this section, the term 'education rec- ,^13^"^^/'°" 
ords' means, except as may be provided otherwise in subparagraph 
(B), those records, files, documents, and other materials which— 
"(i) contain information directly related to a student; and 
"(ii) are maintained by an educational agency or institution or 
by a person acting for such agency or institution. 
"(B) The term 'education records' does not include—• 
"(i) records of instructional, supervisory, and administrative 
personnel and educational personnel ancillary thereto which are 
in the sole possession of the maker thereof and which are not 
accessible or revealed to any other person except a substitute; 
"(ii) if the personnel of a law enforcement unit do not have 
access to education records under subsection (b) (1), the records 
records. 
1860 
PUBLIC LAW 93-568-DEC. 31, 1974 
[88 STAT. 
and documents of such law enforcement unit which (I) are kept 
apart from records described in subparagraph (A), (II) are 
maintained solely for law enforcement purposes, and (III) are 
not made available to persons other than law enforcement officials 
of the same jurisdiction; 
"(iii) in the case of persons who are emploj^ed by an educa-
tional agency or institution but who are not in attendance at 
such agency or institution, records made and maintained in the 
normal course of business which relate exclusively to such person 
in that person's capacity as an employee and are not available 
for use for any other purpose; or 
"(iv) records on a student who is eighteen years of age or older, 
or is attending an institution of postsecondary education, which 
are made or maintained by a physician, psychiatrist, psychologist, 
or other recognized professional or paraprofessional acting in 
his professional or paraprofessional capacity, or assisting in that 
capacity, and which are made, maintained, or used only in con-
nection with the provision of treatment to the student, and are not 
available to anyone other than persons providing such treatment, 
except that such records can be personally revieAved by a physician 
or other appropriate professional of the student's choice. 
fo'^^'Ton'"'^ '"" 
"(^) (^) -^^^ ^^® purposes of this section the term 'directory infor-
mation' relating to a student includes the following: the student's 
name, address, telephone listing, date and place of birth, major field of 
study, participation in officially recognized activities and sports, 
weight and height of members of athletic teams, dates of attendance, 
degrees and awards received, and the most recent previous educational 
agency or institution attended by the student. 
"(B) Any educational agency or institution making public directory 
information shall give public notice of the categories of information 
which it has designated as such information with respect to each stu-
dent attending the institution or agency and shall allow a reasonable 
period of time after such notice has been given for a parent to inform 
the institution or agency that any or all of the information designated 
should not be released without the parent's prior consent,". 
Ante, p. 571. 
(3) gectiou 438(a) (1) of such Act is amended by inserting " ( A ) " 
after section "SEC. 438. (a)(1)" and adding at the end thereof the 
following new subparagraph: 
Certain mate- 
"(B) The first sentcuce of subparagraph (A) shall not operate to 
to^stude^nts^in ^
^ make available to students in institutions of postsecondary education 
postsecondary in- tJiB followiugmaterials: 
strictionr' '^^' 
"(i) financial records of the parents of the student or any 
information contained therein; 
"(ii) confidential letters and statements of recommendation, 
which were placed in the education records prior to January 1, 
1975, if such letters or statements are not used for purposes other 
than those for which they were specifically intended; 
"(iii) if the student has signed a waiver of the student's right 
of access under this subsection in accordance with subparagraph 
(C), confidential recommendations— 
"(I) respecting admission to any educational agency or 
institution, 
"(II) respecting an application for employment, and 
"(III) respecting the receipt of an honor or honorary 
recognition. 
w
^
^
"
^
"
^
- 
"(C) A student or a person applying for admission may waive his 
right of access to confidential statements described in clause (iii) of 
subparagraph (B), except that such waiver shall apply to recom-
mendations only if (i) the student is, upon request, notified of the 
88 STAT. ] 
PUBLIC LAW 93-568-DEC. 31, 1974 
1861 
names of all persons making confidential recommendations and (ii) 
such recommendations are used solely for the purpose for which they 
were specifically intended. Such waivers may not be required as a con-
dition for admission to, receipt of financial aid from, or receipt of 
any other services or benefits from sucli agency or institution.". 
(4) (A) Paragraph (2) of section 438(a) is amended by striking 
^"'^' P- ^vi. 
out that part thereof which precedes "to insure" and inserting in lieu 
thereof the following: "No funds shall be made available under any 
applicable program to any educational agency or institution unless the 
parents of students who are or have been in attendance at a school of 
such agency or at such institution are provided an opportunity for a 
hearing by such agency or institution, in accordance with regulations 
of the Secretary, to challenge the content of such student's education 
records, in order". 
(B) Such paragraph (2) is amended by inserting before the period 
at the end thereof the following: "and to insert into such records a 
written explanation of the parents respecting the content of such 
records", 
(5) Section 438(a) of such Act is amended by adding at the end 
thereof the following new paragraph: 
" (6) For the purposes of this section, the term 'student' includes any 
"student." 
person with respect to whom an educational agency or institution 
maintains education records or personally identifiable information, but 
does not include a person who has not been in attendance at such 
agency or institution.". 
(6) Section 438 (b) (1) of such Act is amended by striking out "and" 
Records, access. 
at the end of clause (C), by striking out the period at the end of clause 
(D) and inserting in lieu thereof a semicolon, and by adding at the end 
thereof the following new clauses: 
"(E) State and local officials or authorities to whom such infor-
mation is specifically required to be reported or disclosed pursuant 
to State statute adopted prior to November 19,1974; 
"(F) organizations conducting studies for, or on behalf of, 
educational agencies or institutions for the purpose of develop-
ing, validating, or administering predictive tests, administering 
student aid programs, and improving instruction, if such studies 
are conducted in such a manner as will not permit the personal 
identification of students and their parents by persons other than 
representatives of such organizations and such information will 
be destroyed when no longer needed for the purpose for which it 
is conducted; 
"(G) accrediting organizations in order to carry out their 
accrediting functions; 
"(H) parents of a dependent student of such parents, as defined 
in section 152 of the Internal Revenue Code of 1954; and 
26 use 152. 
" (I) subject to regulations of the Secretary, in connection with 
an emergency, appropriate persons if the knowledge of such 
information is necessary to protect the health or safety of the 
student or other persons. 
Nothing in clause (E) of this paragraph shall prevent a State from 
further limiting the number or type of State or local officials who will 
continue to have access thereunder.". 
(7) Section 438 (g) of such Act is amended by adding at the end 
^"'^' P- 571. 
thereof the following new sentence: "Except for the conduct of hear-
ings, none of the functions of the Secretary under this section shall be 
carried out in any of the regional offices of such Department.". 
(8) (A) Paragraph (1) of section 438(b) of such Act is amended 
by inserting "or practice" after "which has a policy". 
38-194 O - 76 - 34 Pt. 2 
1862 
PUBLIC LAW 93-568-DEC. 31, 1974 
[88 
STAT. 
Ante, 
p. 571. 
Records, ac-
cessibility for 
audit. 
Recordkeeping. 
Ante, 
p. 559. 
Effective date. 
20 u s e 1232g 
note, 
20 u s e 1681. 
Discrimination 
based on sex. 
26 u s e 501. 
Effective date. 
20 u s e 1681 
note. 
(B) Clause (A) of section 438(b) (1) of such Act is amended by-
striking out "who" and inserting in lieu thereof ", who have been 
determined by such agency or institution to". 
(C) Clause (B) of such section 438(b) (1) is amended by inserting 
"seeks or" after "student". 
(D) The proviso in paragraph 3 of section 438(b) of such Act is 
amended to read as follows: ''''Provided^ That except when collection of 
personally identifiable information is specifically authorized by Fed-
eral law, any data collected by such officials shall be protected in a 
manner which will not permit the personal identification of students 
and their parents by other than those officials, and such personally 
identifiable data shall be destroyed when no longer needed for such 
audit, evaluation, and enforcement of Federal legal requirements". 
(9) Paragraph (4) (A) of section 438(b) of such Act is amended 
to read as follows: 
"(4) (A) Each educational agency or institution shall maintain a 
record, kept with the education records of each student, which will 
indicate all individuals (other than those specified in paragraph (1) 
(A) of this subsection), agencies, or organizations which have 
requested or obtained access to a student's education records main-
tained by such educational agency or institution, and which will indi-
cate specifically the legitimate interest that each such person, agency, 
or organization has in obtaining this information. Such record of 
access shall be available only to parents, to the school official and his 
assistants who are responsible for the custody of such records, and to 
persons or organizations authorized in, and under the conditions of, 
clauses (A) and (C) of paragraph (1) as a means of auditing the 
operation of the system.". 
(10) (A) Clause (C) of section 438(b) (1) of such Act is amended 
by striking out "section 409 of this Act" and inserting in lieu thereof 
"section 408(c)". 
(B) Section 438(g) of such Act is amended by striking out ", 
according to the procedures contained in sections 434 and 437 of this 
Act". 
(b) The amendments made by subsection (a) shall be effective, and 
retroactive to, November 19,1974, 
SEC. 3. (a) Section 901(a) of the Education Amendments of 1972 
is amended by striking out "and" at the end of clause (4) thereof and 
by striking out the period at the end of clause (5) thereof and insert-
ing in lieu thereof "; and", and by inserting at the end thereof the 
following new clause: 
"(6) This section shall not apply to membership practices— 
"(A) of a social fraternity or social sorority which is exempt 
from taxation under section 501 (a) of the Internal Revenue Code 
of 1954, the active membership of which consists primarily of 
students in attendance at an institution of higher education, or 
"(B) of the Young Men's Christian Association, Young Wom-
en's Christian Association, Girl Scouts, Boy Scouts, Camp Fire 
Girls, and voluntary youth service organizations which are so 
exempt, the membership of which has traditionally been limited 
to persons of one sex and principally to persons of less than nine-
teen years of age." 
(b) The provisions of the amendment made by subsection (a) shall 
be effective on, and retroactive to, July 1, 1972. 
Approved December 31, 1974t