Timeline and Overview of “An Act to provide books for the adult blind” (or “Pratt-Smoot Act”)

Prepared for the National Center on Accessible Instructional Materials
by Joanne Karger, J.D., Ed.D.
June 12, 2012

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Note: CS = Changes in the Statute; CR = Changes in the Regulations

Introduction

“An Act to provide books for the adult blind” plays a key role in establishing eligibility, under the Individuals with Disabilities Education Act (IDEA), for blind or other students with print disabilities to receive instructional materials in specialized formats that have been developed from files using the NIMAS (National Instructional Materials Accessibility Standard) obtained through the NIMAC (National Instructional Materials Access Center).1 Under IDEA, students eligible to receive such materials are those (1) served under IDEA, and (2) who may qualify in accordance with the Act entitled, “An Act to provide books for the adult blind,” approved March 3, 1931.2

The following document presents a timeline and overview of “An Act to provide books for the adult blind” (or “Pratt-Smoot Act”) from its passage in 1931 until the present day in order to delineate the various phases of its development. This Act established a national library service (NLS), under the direction of the Librarian of Congress, to loan books to blind adults.3 While the library service originally loaned only books in “raised characters,” an amendment in 1933 clarified that talking books were included as well.4 The service expanded in 1952 to include blind children, and musical scores were added in 1962.5, 6 In 1966, the Statute was amended to include “physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations.”7 The regulations of the Library of Congress (LOC) for implementing “An Act to provide books for the adult blind” have also evolved over time. In 1951, the regulations specified eligibility criteria for blind readers.8 In 1970, following the 1966 inclusion of “physically handicapped readers” in the Statute, the regulations established three eligibility categories: “legally blind,” “visually handicapped,” and “physically handicapped.”9 In 1974, the definitions of these three categories were revised and a fourth category was added: “reading disability resulting from organic dysfunction and of sufficient severity[.]”10 With a few minor revisions, the regulations of 1974 have remained virtually unchanged until the present day.

CS 1931: Passage of the Pratt-Smoot Act

On March 3, 1931, President Hoover signed into law “An Act to provide books for the adult blind,” also known as the “Pratt-Smoot Act” after its sponsors Representative Ruth Pratt (R-NY) and Senator Reed Smoot (R-UT).11 This Act authorized an annual appropriation of $100,000 under the direction of the Librarian of Congress, for a national library service to provide books for use by adult blind residents of the United States.12 The Pratt-Smoot Act also permitted the Librarian of Congress to “arrange with such libraries as he may judge appropriate to serve as local or regional centers for the circulation of such books, under such conditions and regulations as he may prescribe” and to give preference at all times “to the needs of blind persons who have been honorably discharged from the United States military or naval service.”13 Following the passage of the Pratt-Smoot Act, the Library of Congress established the “Books for the Adult Blind” project, which began operating on July 1, 1931.14

CS 1933: Amendment Allowing for the Inclusion of Talking Books

When the Books for the Adult Blind project began, it loaned books written in “raised characters” such as braille.15 In 1933, Congress amended the Pratt-Smoot Act to include “sound-reproduction records,” or talking books, as well.16 This amendment clarified that books that could be loaned were those “published either in raised characters, on sound-reproduction records, or in any other form.”17

CS 1935, 1937: Amendments Providing for Increases in the Annual Appropriation

In 1935, Congress again amended the Pratt-Smoot Act by approving an increase in the annual appropriation for the national library service from $100,000 to $175,000; with a maximum of $100,000 to be spent on books in raised characters and the remainder ($75,000) to be spent on talking books.18 Two years later, in 1937, in response to the increased demand for talking books, Congress approved an additional $100,000 in the Act’s annual appropriation, bringing the total amount to $275,000 and the maximum amount to be spent on talking books to $175,000.19, 20 The amount for books in raised characters remained at $100,000.21

CS 1939: Amendment Granting Preference to Nonprofit Organizations “Primarily Concerned with the Blind” to Serve as Producers of Books in Raised Characters and Talking Books

As the demand for talking books increased, publishers grew increasingly concerned with the possibility of copyright violations stemming from the recording of books without royalty payments.22 From the time of the introduction of talking books, the American Foundation for the Blind (AFB) served as the producer of talking books for the project; in 1938, the American Printing House for the Blind (APH) became an additional producer.23 Also in 1938, the Book Publishers Bureau, after consulting with the Library of Congress and with AFB and APH, developed a plan for “controlled distribution.”24 The Library of Congress agreed to serve as a clearinghouse to collect information to be reported to the Bureau concerning the number of copyright permissions requested and given as well as the number of sound recordings made.25 In addition, the AFB and APH agreed to implement certain conditions such as labeling each recording with “solely for use by the blind.”26 Books for the Adult Blind also became responsible for knowing the location of the government-owned talking book machines.27

As the annual appropriation for talking books began to increase, some commercial firms showed an interest in producing talking books.28 Consequently, in 1939, Congress amended the Pratt-Smoot Act to avoid potential difficulties arising from the need to obtain prior copyright permission if commercial firms were to serve as producers of talking books for the project.29 The proposed change was also intended to promote the ongoing production of books for the project by providing nonprofit organizations with large enough orders.30 The 1939 Amendment required the Librarian of Congress, in “the purchase of books in raised characters or sound reproduction recordings,” to “give preference to nonprofit-making institutions or agencies whose activities are primarily concerned with the blind, in all cases where the prices or bids submitted by such institutions or agencies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reasonable.”31

CS 1940, 1942, 1944, 1946: Amendments Providing for Increases in the Annual Appropriation

During the 1940s, Congress amended the Pratt-Smoot Act several times to increase its annual appropriation. These increases were due in part to the provision of services to soldiers who had become blind during World War II.32 The increases in the annual appropriation were as follows:

  • 1940: Total annual appropriation increased from $275,000 to $350,000, with an increase in the appropriation for talking books from $175,000 to $250,000 (the amount for books in raised characters stayed the same at $100,000).33
  • 1942: Total annual appropriation increased from $350,000 to $370,000, with expenditures not exceeding $20,000 to be spent on the maintenance and replacement of government-owned talking book machines.34
  • 1944: Total annual appropriation increased from $370,000 to $500,000, with an increase in the appropriation for talking books from $250,000 to $400,000; provision allocating $20,000 for the maintenance and replacement of talking book machines was removed.35
  • 1946: Total annual appropriation increased from $500,000 to $1,125,000; for the first time the amount for books in raised characters was increased (from $100,000 to $200,000).36

The appropriation for raised character books had remained constant for so long in part because Braille materials were less expensive to produce than talking books.37 In addition, raised-character print was an established medium, whereas the library of talking books had to be built essentially from nothing.38 In 1943, the Books for the Adult Blind project was re-named the “Division of Books for the Adult Blind.”39

CR 1946, 1948: Publication of Regulations by the Library of Congress (LOC) Providing a General Description of the Library Service

In September, 1946, the Librarian of Congress published regulations in the federal register that provided a general description of the Division of Books for the Adult Blind: Within Title 44, Part 300 (titled “Organization of the Library of Congress”), regulation § 300.7 stated: “Under the administration of a Director, the Division of Books for the Adult Blind selects and contracts for the reproduction of literary materials for the blind, and makes books in raised characters and talking books available to the blind readers on a nation-wide basis through the facilities of regional libraries designated by the Librarian of Congress.”40, 41 Within Part 301 (titled “Procedures of the Library of Congress”), as part of a longer regulation pertaining to loans of library materials by the Library of Congress in areas other than books for the blind, regulation § 301.303 stated: “The Service for the Adult Blind lends books in embossed characters and talking-book records to the adult blind under established regulations and conditions of use.”42 The following month, in October, 1946, the Division of Books for the Adult Blind was re-named the “Division for the Blind.”43

Two years later, in 1948, the Librarian of Congress published revised regulations in the federal register, in which Part 300 was discontinued and Part 301 was modified, giving the library service its own regulation at § 301.6, titled “Loans of library materials for the blind.”44, 45 This regulation stated: “The Division for the Blind lends books in embossed characters and talking-book records to adult blind under regulations and conditions of use established by the Librarian.”46 In 1950, Part 301 was re-numbered Part 501.47

CR 1951: Specification by the LOC Regulations of Eligibility Criteria for Blind Readers

In 1951, the Library of Congress divided regulation § 501.6 into three sub-sections. The first (§ 501.6(a)) was titled, “Definition of blind.”48 While the previous regulations had not included specific eligibility criteria for the library service, in 1951, revised § 501.6(a) stated that, with respect to eligibility under “An Act to Provide Books for the Adult Blind”—

“[B]lind readers entitled to service under this act shall be defined as ‘Residents of the United States, including the several States, Territories, Insular Possessions, and the District of Columbia, sixteen years of age or older, whose visual acuity is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field subtends an angular distance no greater than twenty degrees.'"49

This definition was consistent with that used by most States at the time.50 Revised regulation § 501.6(a) also stated that the “degree of such blindness shall be certified by a duly licensed physician or ophthalmologist.”51 In addition, § 501.6(a) specified that the “reading materials for the blind provided under the authority of the act cited above, including sound reproducers, may be loaned not only to readers who qualify under the above definition but also to institutions and schools for the use of such readers.”52 Sound reproducers referred to the talking book machines—i.e., the machines on which the talking books played.53 The description of the Division for the Blind was moved to a new sub-section of regulation § 501.6, titled “Loans to residents” (§ 501.6(b)), and an additional sub-section, titled “Loans to residents temporarily domiciled abroad” (§ 501.6(c)), was also added.54

CS 1952: Amendment to the Pratt-Smoot Act Adding Children

On July 3, 1952, the Pratt-Smoot Act was amended to remove the word “adult” from the law and thereby enable blind children to receive books through the national library service.55 In discussing the proposed change on the floor of Congress, Representative Kenneth Regan (D-Tex) stated that, prior to this time, children could not use these books as part of the national library service for the blind “unless they did so surreptitiously.”56

CR 1955, 1959: Minor Revisions to the LOC Regulations

In 1955, the Librarian of Congress published regulations in the federal register that made minor modifications to “Definition of blind” (§ 501.6(a)) by removing the phrase “sixteen years of age or older;” adding an optometrist to the list of individuals who could certify the degree of blindness (“a duly licensed physician, optometrist, or ophthalmologist”); and adding hospitals to the list of entities to which materials could be loaned (“may be loaned not only to readers who qualify under the above definition but also to hospitals, institutions, and schools for use by such readers”).57 The Librarian also removed the word “adult” from §§ 501.6(b) and (c) and made some revisions to the procedures in § 501.6(c) for “Loans to residents temporarily domiciled abroad.”58

As published in the federal register in 1959, the regulation pertaining to “Loans of library materials for the blind” (previously at § 501.6) was moved to § 501.10.59 In addition, the 1959 regulation clarified that the library service included the provision of “machines for the blind,” stating in § 501.10(b) that the “Division for the Blind provides books in embossed characters, talking-book records, and machines for the blind under regulations and conditions of use established by the Librarian” and that “[m]achines are lent through state agencies for the blind.”60 As noted above, beginning in 1951, the regulations had referred to sound reproducers (i.e., talking book machines) in the definition of blind.61 Minor revisions were also made in 1959 to “Loans to residents temporarily domiciled abroad” (§ 501.10(c)).62

CS 1957: Amendment to the Pratt-Smoot Act Removing the Specific Amount for the Annual Appropriation

In 1957, Congress amended the Pratt-Smoot Act to remove the $1,125,000 annual appropriation (amount from 1946) and replace it with the following: “such sums for expenditure under the direction of the Librarian of Congress as may be necessary.”63 It was believed that removing the limitation of an exact amount would facilitate improved budgetary planning.64 The provision that $200,000 of the annual appropriation was to be spent on books in raised characters was also removed.65

CS 1962: Amendment to the Pratt-Smoot Act Adding Musical Scores

On October 9, 1962, President Kennedy signed into law an act authorizing the Librarian of Congress to “establish and maintain a library of musical scores, instructional texts, and other specialized materials for the use of the blind residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music.”66 The amendment further stated that such materials “shall be made available on a loan basis under regulations developed by the Librarian or his designee in consultation with persons, organizations, and agencies engaged in work for the blind” and authorized “such amounts as may be necessary to carry out the provisions of this section.”67 Prior to this time, the Library of Congress had only a limited amount of embossed music materials and no central listing of the music materials that were available.68

CS 1966: Amendment to the Pratt-Smoot Act Adding “Physically Handicapped Readers”

On July 30, 1966, President Johnson signed into law an amendment that made the national library service available not only to individuals who were blind but also to “other physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations, under regulations prescribed by the Librarian of Congress for this service.”69 The extension of the national library service to individuals with physical disabilities had been discussed as early as 1945 when the Division provided services to soldiers who had become blind during World War II.70

The 1966 Amendment also made the library of musical scores available to “physically handicapped readers” and added that, in making such materials available on a loan basis, the Librarian will consult with persons, organizations, and agencies engaged in work for “physically handicapped persons.”71 In addition, the 1966 Amendment extended the authority of the Librarian “to contract or otherwise arrange with” public or other nonprofit libraries, agencies, or organizations; clarified that the materials would include “recordings, reproducers, musical scores, instructional texts, and other materials;” replaced the phrase “United States military or naval service” with “Armed Forces of the United States;” and specified that the preference given to veterans would include “physically handicapped individuals.”72 Also in 1966, the Division for the Blind was renamed the “Division for the Blind and Physically Handicapped.”73

CR 1970: Establishment by LOC Regulations of Three Eligibility Categories: “Legally Blind,” “Visually Handicapped,” and “Physically Handicapped”

Following the inclusion in the 1966 Amendment of “physically handicapped readers,” the LOC issued implementing regulations in 1970 establishing eligibility for three categories of readers: “legally blind,” “visually handicapped,” and “physically handicapped.”74 The categories were defined in § 501.10(b) as follows:

  • “Legally blind”—those whose visual acuity is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees. The degree of such blindness shall be certified by a duly licensed physician, ophthalmologist, or optometrist.
  • “Visually handicapped”—those whose visual disability, with correction and regardless of optical measurement with respect to “legal blindness,” are certified as unable to read normal printed material.
  • “Physically handicapped”—those who are certified by competent authority as unable to read or use ordinary printed materials as a result of physical limitations.75

Thus, with respect to persons “legally blind,” the 1970 regulations specified that the “degree of blindness shall be certified by a duly licensed physician, ophthalmologist, or optometrist.”76 The regulations also stated that those who were “visually handicapped” were to be “certified as unable to read normal printed material” but were silent as to which individuals were permitted to perform such certification.77 With respect to those who were “physically handicapped,” the regulations specified that they were to be “certified by competent authority,” a term that had first appeared in the 1966 statute.78, 79 The 1970 regulations went on to state that “competent authority” was “defined as including doctors of medicine, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, home teachers, and superintendents).”80 In addition, the regulations stated, “Certification of physical disability sufficiently severe to prevent reading or using conventional printed materials may be made by professional librarians or by any person whose competence under specific circumstances is acceptable to the Librarian of Congress.”81 The following examples of physical disabilities were also included: “loss of hands, or use or control of hands; constant severe tremor, spasticity or paralysis; uncorrectable double or triple vision; incapacitating confinement such as an iron lung; severely debilitating conditions such as found in advanced Parkinson’s Disease, cancer, and the aftermath of stroke.”82

The general description of the national library service that had been included in previous regulations was moved to § 501.10(a), with slight modifications.83 The regulations also included provisions regarding the following: the process of the loaning of books through regional libraries (§ 501.10(c)); a description of the National Collections (§ 501.10(d)); clarification that materials may also be loaned “to hospitals, institutions, and schools and centers for the use of [blind and physically handicapped] readers” (§ 501.10(e)); reference to the collection of musical scores (§ 501.10(f)); notification that preference will be “given to the needs of the blind and other physically handicapped persons who have been honorably discharged from the Armed Forces of the Unites States” (§ 501.10(g)); and contact information for inquiries to the Division (§ 501.10(h)).84

CR 1974: Introduction by the LOC Regulations of a Fourth Eligibility Category: “Reading Disability Resulting from Organic Dysfunction and of Sufficient Severity”

In 1974, the LOC issued new regulations, in which the definitions of the three previous eligibility categories were revised and a fourth category was added.85 In passing the 1974 regulations, the LOC noted, “Under the provisions of [the Pratt-Smoot Act], as amended, the Library of Congress, through its Division for the Blind and Physically Handicapped, provides for the loan of library materials to blind and physically handicapped persons who are eligible. To be eligible, individuals must meet certain criteria set out in Library of Congress regulations.”86 The LOC further stated—

“The Library recently learned that certain of those eligibility requirements [of 1970] used terms which were less than accurate diagnoses of specific conditions, and persons identified as competent to make judgments on eligibility criteria for one specific condition were not so qualified for others. To remedy this situation, the Library sought advice from nationally prominent individuals and institutions regarding authorities competent to judge the physical and organic basis of specific individual disabilities. As a result of that investigation, changes were made in the eligibility requirements.”87

The four categories specified in the 1974 regulations were defined as follows:

  • “Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field subtends an angular distance no greater than 20 degrees.
  • Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material.
  • Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations.
  • Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.”88

For the first three categories, the 1974 regulations defined “competent authority” as the same group of individuals that had previously been included in the 1970 regulations with respect to the “physically handicapped” category—namely, “doctors of medicine, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, home teachers, and superintendents).”89 In addition, similar to the 1970 regulations, the 1974 regulations stated: “In the absence of any of these, certification may be made by professional librarians or by any person whose competence under specific circumstances is acceptable to the Librarian of Congress.”90 With respect to the fourth category, the 1974 regulations defined “competent authority” only as “doctors of medicine who may consult with colleagues in associated disciplines.”91 The 1974 regulations also made slight revisions to the remaining sections of the regulations at §§ 701.10(c)-(h).92

CR 1981: Minor Revisions to the LOC Regulations

In 1981, the LOC made minor revisions to the regulations by adding “doctors of osteopathy” to the list of individuals who could serve as competent authority for the categories of blindness, visual disability, and physical limitations.93 In addition, in this same list, the term “home teachers” was replaced with “rehabilitation teachers.”94 Three years earlier, in 1978, the Library of Congress had undergone a major reorganization, at which time the Division for the Blind and Physically Handicapped had been re-structured and re-named the National Library Service for the Blind and Physically Handicapped, commonly referred to as the NLS.95 The 1981 regulations were therefore also revised to reflect the fact that the Division for the Blind and Physically Handicapped had been re-named.96

CR 2004, 2005: Re-Numbering of the LOC Regulations

In 2004, the LOC removed 36 CFR § 701.10 from the code of federal regulations.97 The following year, in 2005, the LOC re-inserted the regulation and stated&mdash

In order to keep the public informed, we are re-submitting language that was previously redacted from the CFR. The National Library Service for the Blind and Physically Handicapped is able to better serve its constituents with the information provided through publication. Therefore we are re-inserting language previously in § 701.10, Loans of library materials for blind and other physically handicapped persons, and re-numbering it 701.6. The section has been also revised to add reference to the program’s web site.98

The language in the 2005 version of § 701.6 was the same as that which had been included in the prior regulation at § 701.10.99

CS 2011: Current Version of the Statute at 2 U.S.C. §§ 135a, 135a-1, and 135b

2 U.S.C. § 135a: Books and sound-reproduction records for blind and other physically handicapped residents; annual appropriations; purchases

There is authorized to be appropriated annually to the Library of Congress, in addition to appropriations otherwise made to said Library, such sums for expenditure under the direction of the Librarian of Congress as may be necessary to provide books published either in raised characters, on sound-reproduction recordings or in any other form, and for purchase, maintenance, and replacement of reproducers for such sound-reproduction recordings, 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 District 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 physically handicapped readers certified by competent authority as unable to read normal printed material as a result of physical limitations, under regulations prescribed 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 Congress, without reference to the provisions of section 5 title 41, shall give preference to nonprofit-making institutions or agencies whose activities are primarily concerned with the blind and with other physically handicapped persons, in all cases where the prices or bids submitted by such institutions or agencies are, by said Librarian, under all the circumstances and needs involved, determined to be fair and reasonable.

2 U.S.C. § 135a-1: Library of musical scores, instructional texts, and other specialized materials for use of blind persons or other physically handicapped residents; authorization of appropriations

(a) The Librarian of Congress shall establish and maintain a library of musical scores, instructional texts, and other specialized materials for the use of the blind and for other physically handicapped residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials shall be made available on a loan basis under regulations developed by the Librarian or his designee in consultation with persons, organizations, and agencies engaged in work for the blind and for other physically handicapped persons.

(b) There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this section.

2 U.S.C. § 135b: Local and regional centers; preference to blind and other physically handicapped veterans; rules and regulations; authorization of appropriations

(a) The Librarian of Congress may contract or otherwise arrange with such public or other nonprofit libraries, agencies, or organizations as he may deem appropriate to serve as local or regional centers for the circulation of (1) books, recordings, and reproducers referred to in section 135a of this title, and (2) musical scores, instructional texts, and other specialized materials referred to in section 135a-1 of this title, under such conditions and regulations as he may prescribe. In the lending of such books, recordings, reproducers, musical scores, instructional texts, and other specialized materials, preference shall at all times be given to the needs of the blind and of the other physically handicapped persons who have been honorably discharged 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.

CR 2011: Current Version of the LOC Regulations at 36 C.F.R. § 701.6

36 C.F.R. § 701.6: Loans of library materials for blind and other physically handicapped persons

(a) Program. In connection with the Library’s program of service under the Act of March 3, 1931 (46 Stat. 1487), as amended, its National Library Service for the Blind and Physically Handicapped provides books in raised characters (braille), on sound reproduction recordings, or in any other form, under regulations established by the Library of Congress. The National Library Service also provides and maintains reproducers for such sound reproduction recordings for the use of blind and other physically handicapped residents of the United States, including the several States, Territories, Insular Possessions, and the District of Columbia, and American citizens temporarily domiciled abroad.

(b) Eligibility criteria. (1) The following persons are eligible for such service:

(i) Blind persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose wide diameter if visual field subtends an angular distance no greater than 20 degrees.

(ii) Persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing the reading of standard printed material.

(iii) Persons certified by competent authority as unable to read or unable to use standard printed material as a result of physical limitations.

(iv) Persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner.

(2) In connection with eligibility for loan services “competent authority” is defined as follows:

(i) In cases of blindness, visual disability, or physical limitations “competent authority” is defined to include doctors of medicine, doctors of osteopathy, ophthalmologist, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents). In the absence of any of these, certification may be made by professional librarians or by any persons whose competence under specific circumstances is acceptable to the Library of Congress.

(ii) In the case of reading disability from organic dysfunction, competent authority is defined as doctors of medicine who may consult with colleagues in associated disciplines.

(c) Loans through regional libraries. Sound reproducers are lent to individuals and appropriate centers through agencies, libraries, and other organizations designated by the Librarian of Congress to service specific geographic areas, to certify eligibility of prospective readers, and to arrange for maintenance and repair of reproducers. Libraries designated by the Librarian of Congress serve as local or regional centers for the direct loan of such books, reproducers, or other specialized material to eligible readers in specific geographic areas. They share in the certification of prospective readers, and utilize all available channels of communication to acquaint the public within their jurisdiction with all aspects of the program.

(d) National collections. The Librarian of Congress, through the National Library Service for the Blind and Physically Handicapped, defines regions and determines the need for new regional libraries in cooperation with other libraries or agencies whose activities are primarily concerned with the blind and physically handicapped. It serves as the center from which books, recordings, sound reproducers, and other specialized materials are lent to eligible blind and physically handicapped readers who may be temporarily domiciled outside the jurisdictions enumerated by the Act. It maintains a special collection of books in raised characters and on sound reproduction recordings not housed in regional libraries and makes these materials available to eligible borrowers on interlibrary loan.

(e) Institutions. The reading materials and sound reproducers for the use of blind and physically handicapped persons may be loaned to individuals who qualify, to institutions such as nursing homes and hospitals, and to schools for the blind and physically handicapped for the use of such persons only. The reading materials and sound reproducers may also be used in public or private schools where handicapped students are enrolled; however, the students in public or private schools must be certified as eligible on an individual basis and must be the direct and only recipients of the materials and equipment.

(f) Musical scores. The National Library Service also maintains a library of musical scores, instructional texts, and other specialized materials for the use of the blind and other physically handicapped residents of the United States and its possessions in furthering their educational, vocational, and cultural opportunities in the field of music. Such scores, texts, and materials are made available on a loan basis under regulations developed by the Librarian of Congress in consultation with persons, organizations, and agencies engaged in work for the blind and for other physically handicapped persons.

(g) Veterans. In the lending of such books, recordings, reproducers, musical scores, instructional texts, and other specialized materials, preference shall be at all times given to the needs of the blind and other physically handicapped persons who have been honorably discharged from the Armed Forces of the United States.

(h) Inquiries for information relative to the prescribed procedures and regulations governing such loans and requests for loans should be addressed to Director, National Library Service for the Blind and Physically Handicapped, Library of Congress, Washington, DC 20542 or visit our web site at Opens new windowhttp://www.loc.gov/nls.

1. The 2004 reauthorization of IDEA requires states to adopt the NIMAS to be used in the preparation of electronic files suitable and used solely for efficient conversion of print instructional materials for blind or other students with print disabilities into specialized formats (20 U.S.C. §§ 1412(a)(23)(A), 1474(e)(3)(B)). The term “specialized formats” in this case refers to braille, audio, digital text, and large print (Id. § 1474(e)(3)(D) (incorporating by reference 17 U.S.C. § 121(d)(3), currently at § 121(d)(4))). Under IDEA, state educational agencies and local educational agencies may choose to coordinate with the NIMAC (Id. §§ 1412(a)(23)(C), 1413(a)(6); 34 C.F.R. §§ 300.172(b), (c), 300. 210(a), (b)). The NIMAC is a national repository for NIMAS files (20 U.S.C. § 1474(e)(2)).

2. 20 U.S.C. § 1474(e)(3)(A) (citing 2 U.S.C. § 135a) (2012) (emphasis added).

3. Pub. L. No. 71-787, ch. 400, §§ 1-2, 46 Stat 1487 (Mar. 3, 1931) (current version at 2 U.S.C. §§ 135a, 135a-1, 135b).

4. Pub. L. No. 72-439, ch. 279, 47 Stat. 1570 (Mar. 4, 1933).

5. Pub. L. No. 82-446, ch. 566, 66 Stat 326 (July 3, 1952).

6. Pub. L. No. 87-765, 76 Stat. 763 (Oct. 11, 1962).

7. Pub. L. No. 89-522, §1, 80 Stat. 330 (July 30, 1966) (emphasis added).

8. 16 Fed. Reg. 690 (Jan. 25, 1951) (codified at 44 C.F.R. § 501.6).

9. 35 Fed. Reg. 10589 (June 30, 1970) (codified at 44 C.F.R. § 501.10(b)).

10. 39 Fed. Reg. 20203 (June 7, 1974) (codified at 36 C.F.R. § 701.10(b)).

11. Pub. L. No. 71-787, ch. 400, §§ 1-2, 46 Stat. 1487 (Mar. 3, 1931) (current version at 2 U.S.C. §§ 135a, 135a-1, 135b).

12. Id. § 1 (current version at § 135a).

13. Id. § 2 (current version at § 135b).

14. National Library Service for the Blind and Physically Handicapped (NLS), Library of Congress, A History of the National Library Service for Blind and Handicapped Individuals, the Library of Congress, in THAT ALL MAY READ: LIBRARY SERVICE FOR BLIND AND PHYSICALLY HANDICAPPED PEOPLE 65, 76 (1983) [hereinafter NLS].

15. In addition to Braille, a second kind of raised characters was known as “Moon type,” which used angular Roman letters. Id. at 77.

16. Pub. L. No. 72-439, ch. 279, 47 Stat. 1570 (Mar. 4, 1933).

17. Id. (emphasis added).

18. Pub. L. No. 74-139, ch. 242, § 1, 49 Stat. 374 (June 14, 1935).

19. See NLS, supra note 14, at 84-85.

20. Pub. L. No. 75-47, ch. 125, § 1, 50 Stat. 72 (Apr. 23, 1937).

21. See NLS, supra note 14, at 94.

22. Id. at 91.

23. Id. at 85.

24. Id. at 91.

25. Id.

26. NLS, supra note 14, at 91.

27. Id.

28. Id. at 88.

29. Id. at 89 (citing U.S. Congress, House Committee on the Library, H. Rep. 456: Providing Books for the Adult Blind: Report to Accompany H.R. 5136 (1st Sess. 1939)). Id. at 88.

30. Id. at 89.

31. Pub. L. No. 76-118, ch. 191, 53 Stat. 812-13 (June 7, 1939).

32. See NLS, supra note 14, at 106-07.

33. Pub. L. No. 76-562, ch. 255, 54 Stat. 245 (June 6, 1940).

34. Pub. L. No. 77-726, ch. 575, § 1, 56 Stat. 764 (Oct. 1, 1942).

35. Pub. L. No. 78-338, ch. 246, § 1, 58 Stat. 276 (June 13, 1944).

36. Pub. L. No. 79-661, ch. 868, § 1, 60 Stat. 908 (Aug. 8, 1946).

37. See NLS, supra note 14, at 94.

38. See id.

39. Id. at 104.

40. 11 Fed. Reg. 177A-583-177A-587 (Sept. 11, 1946).

41. Id. at 177A-584 (codified at 44 C.F.R. § 300.7).

42. Id. at 177A-587 (codified at 44 C.F.R. § 301.303). The Pratt-Smoot Act had allowed the Librarian of Congress to arrange for a system of regional libraries. See supra note 13 and accompanying text. The 1946 regulation § 301.303 described the geographical area within which the regional library of the Library of Congress loaned books directly: “The area to which this service is extended is limited generally to the District of Columbia, Maryland, Virginia, and South Carolina. The Service responds to inquiries whether received in person, by telephone, or by mail for information concerning the welfare of the blind.” Id.

43. NLS, supra note 14, at 110.

44. 13 Fed. Reg. 8277 (July 15, 1948).

45. Id. at 8278 (codified at 44 C.F.R. § 301.6).

46. Id. The 1948 regulation at § 301.6 also described the geographical area of the Library of Congress regional library, with some minor revisions from 1946: “The area to which this service is extended is limited generally to the District of Columbia, Maryland, Virginia, North Carolina, and South Carolina. Inquiries by mail concerning this service should be addressed to: Chief, Division for the Blind, Washington 25 [sic.], D.C.” Id.

47. 15 Fed. Reg. 1346 (Mar. 14, 1950).

48. 16 Fed. Reg. 690 (Jan. 25, 1951) (codified at 44 C.F.R. § 501.6(a)).

49. Id.

50. NLS, supra note 14, at 112.

51. 16 Fed. Reg. 690 (Jan. 25, 1951) (codified at 44 C.F.R. § 501.6(a)).

52. Id.

53. Cf NLS, supra note 14, at 106.

54. 16 Fed. Reg. 690-91(Jan. 25, 1951) (codified at 44 C.F.R. §§ 501.6(b), (c)).

55. Pub. L. No. 82-446, ch. 566, 66 Stat. 326 (July 3, 1952).

56. 98 Cong. Rec. 3053 (Mar. 27, 1952) (statement of Rep. Kenneth Regan).

57. 20 Fed. Reg. 10055 (Dec. 29, 1955) (codified at 44 C.F.R. § 501.6(a)) (emphasis added).

58. Id. (codified at 44 C.F.R. §§ 501.6(b), (c))

59. 24 Fed. Reg. 10447-10448 (Dec. 23, 1959).

60. Id. at 10448 (codified at 44 C.F.R. § 501.10(b)) (emphasis added). The 1959 regulation at § 501.10(b) was also revised to state the following with respect to the Library of Congress regional library: “Division provides a direct loan service of books and records to residents of the District of Columbia. Other residents, as defined in paragraph (a) of this section [“Definition of blind”], receive reading materials from their appropriate regional libraries.” Id.

61. See supra notes 52-53 and accompanying text.

62. 24 Fed. Reg. 10448 (Dec. 23, 1959) (codified at 44 C.F.R. § 501.10(c)).

63. Pub. L. No. 85-308, § 1, 71 Stat. 630 (Sept. 7, 1957).

64. See NLS, supra note 14, at 141.

65. Pub. L. No. 85-308, § 1, 71 Stat. 630 (Sept. 7, 1957).

66. Pub. L. No. 87-765, 76 Stat. 763 (Oct. 11, 1962) (current version at 2 U.S.C. § 135a-1).

67. Id.

68. See NLS, supra note 14, at 153 (citing U.S. Congress, Senate Committee on Rules and Administration, Establishing in the Library of Congress a Library of Musical Scores for the Use of the Blind, S. Rep. 1715: Report to Accompany S. 3408 (2d Sess. 1962)).

69. Pub. L. No. 89-522, §1, 80 Stat. 330 (July 30, 1966) (emphasis added).

70. See NLS, supra note 14, at 154.

71. Pub. L. No. 89-522, §2, 80 Stat. 331 (July 30, 1966).

72. Id. § 1, 80 Stat. 330.

73. NLS, supra note 14, at 156.

74. 35 Fed. Reg. 10589 (June 30, 1970) (codified at 44 CFR § 501.10(b)).

75. Id. (codified at 44 CFR § 501.10(b)(1)-(3)).

76. Id. (codified at 44 C.F.R. § 501.10(b)(1)).

77. Id. (codified at 44 C.F.R. § 501.10(b)(2)).

78. Id. (codified at 44 C.F.R. § 501.10(b)(3)).

79. See supra note 69 and accompanying text.

80. 35 Fed. Reg. 10589 (June 30, 1970) (codified at 44 CFR § 501.10(b)(4)).

81. Id.

82. Id.

83. Id. (codified at 44 C.F.R. § 501.10(a)).

84. Id. (codified at 44 C.F.R. §§ 501.10(c)-(h)).

85. 39 Fed. Reg. 20203 (June 7, 1974) (codified at 36 C.F.R. § 701.10). The previous year, Part 501 of 44 C.F.R. had been re-designated as Part 701 of 36 C.F.R. 38 Fed. Reg. 27,049 (Sept. 28, 1973).

86. 39 Fed. Reg. 20203 (June 7, 1974).

87. Id.

88. Id. (codified at 36 C.F.R. § 701.10(b)(1)) (emphasis added).

89. Id. (codified at 36 C.F.R. § 701.10(b)(2)(i)).

90. Id.

91. 39 Fed. Reg. 20203 (June 7, 1974) (codified at 36 C.F.R. § 701.10(b)(2)(ii)).

92. Id. at 20203-04 (codified at 36 C.F.R. §§ 701.10(c)-(h)).

93. 46 Fed. Reg. 48661 (Oct. 2, 1981) (codified at 36 C.F.R. § 701.10(b)(2)(i)).

94. Id.

95. NLS, supra note 14, at 156.

96. 46 Fed. Reg. 48661 (Oct. 2, 1981) (codified at 36 C.F.R. § 701.10(a)).

97. 69 Fed Reg. 39838 (July 1, 2004) (stating “Since neither the Federal Register Act nor the Administrative Procedures Act has binding effect on legislative branch, the Library of Congress is not required to publish its regulations in the CFR.”).

98. 70 Fed Reg. 36843 (June 27, 2005).

99. Id. (codified at 36 C.F.R. § 701.6).

This report was written with support from the National Center on Accessible Instructional Materials (NCAIM), a cooperative agreement between CAST and the U.S. Department of Education, Office of Special Education Programs (OSEP), Cooperative Agreement No. H327T090001. The opinions expressed herein do not necessarily reflect the policy or position of the U.S. Department of Education, Office of Special Education Programs, and no official endorsement by the Department should be inferred.


Last Updated: 08/09/2012