waiver of maintenance of effort requirement

waiver of maintenance of effort requirement Sec. 112. (a) Section 202 of title II of the Higher Education Act of 1965 is amended by redesignating clauses (c) and (d), and all references thereto, as clauses (2) and (3), respectively, and by striking out clauses (a) and (b) and inserting in lieu thereof the following: “(1) provides satisfactory assurance that the applicant will expend during the fiscal year for which the basic grant is sought, from funds other than funds received under this part— “(A) for all library purposes (exclusive of construction), an amount not less than the average annual amount it expended for such purposes during the two fiscal years preceding the fiscal year for which assistance is sought under this part, and “(B) for library resources, an amount not less than the average amount it expended for such resources during the two fiscal years preceding the fiscal year for which assistance is sought under this part, except that, if the Commissioner determines, in accordance with regulations, that there are special and unusual circumstances which prevent the applicant from making the assurances required by this clause (1), he may waive that requirement for one or both of such assurances;”. (b) (1) The second sentence of such section 202 is amended by striking out “not exceed” and inserting in lieu thereof the following: “, for any fiscal year, be equal to the amount expended by the applicant for library resources during that year from funds other than fluids received under this part, except that no basic grant shall exceed”. (2) Clause (1) of section 203(a) of such title II is amended by striking out that part thereof which follows “section 202” and inserting in lieu thereof a semicolon, (c) The amendments made by this section shall be effective after, and only with respect to appropriations for fiscal years beginning after, June 30, 1971.