(including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired persons who by reason thereof require special education) operated or substantially supported by the State.

(10) "State library administrative agency" means the official agency of a State charged by law of that State with the extension and development of public library services throughout the State, which has adequate authority under law of the State to administer State plans in accordance with the provisions of this chapter.

(11) "Basic State plan" means the document which gives assurances that the officially designated State library administrative agency has the fiscal and legal authority and capability to administer all aspects of this chapter; provides assurances for establishing the State's policies, priorities, criteria, and procedures necessary to the implementation of all programs under provisions of this chapter; and submits copies for approval as required by regulations promulgated by the Secretary.

(12) "Long-range program" means the comprehensive five-year program which identifies a State's library needs and sets forth the activities to be taken toward meeting the identified needs supported with the assistance of Federal funds made available under this chapter. Such long-range programs shall be developed by the State library administrative agency and shall specify the State's policies, criteria, priorities, and procedures consistent with this chapter as required by the regulations promulgated by the Secretary and shall be updated as library progress requires.

(13) "Annual program" means the projects which are developed and submitted to describe the specific activities to be carried out annually toward achieving fulfillment of the long-range program. These annual programs shall be submitted in such detail as required by regulations promulgated by the Secretary.

(14) "Major urban resource library" means any public library located in a city having a population of 100,000 or more individuals, as determined by the Secretary.

(June 19, 1956, ch. 407, § 3, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1660, and amended Oct. 19, 1973, Pub. L. 93-133, § 4(a), 87 Stat. 466; Oct. 7, 1977, Pub. L. 95-123, § 4(b), 91 Stat. 1095; Oct. 17, 1979, Pub. L. 96–88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1977-Par. (14). Pub. L. 95-123 added par. (14). 1973-Par. (5). Pub. L. 93-133 expanded the definition of "Public library" to include research libraries. EFFECTIVE DATE OF 1973 AMENDMENT

Section 4(b) of Pub. L. 93-133 provided that: "The amendment made by subsection (a) [amending par. (5) of this section] shall be effective on June 30, 1973, and only with respect to appropriations for fiscal years beginning after such date."

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

TRANSFER OF FUNCTIONS

In par. (1), " 'Secretary' means the Secretary of Education" was substituted for "Commissioner' means the Commissioner of Education" and, in pars. (11) to (14), "Secretary", meaning the Secretary of Education, was substituted for "Commissioner" pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351d, 351e of this title.

§ 351b. Appropriations

(a) Authorization

For the purpose of carrying out the provisions of this chapter the following sums are authorized to be appropriated:

(1) For the purpose of making grants to States for library services as provided in subchapter I of this chapter, there are authorized to be appropriated $112,000,000 for the fiscal year ending June 30, 1972, $117,600,000 for the fiscal year ending June 30, 1973, $123,500,000 for the fiscal year ending June 30, 1974, $129,675,000 for the fiscal year ending June 30, 1975, $137,150,000 for the fiscal year ending June 30, 1976, $110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of the two succeeding fiscal years.

(2) For the purpose of making grants to States for public library construction, as provided in subchapter II of this chapter, there are authorized to be appropriated $80,000,000 for the fiscal year ending June 30, 1972, $84,000,000 for the fiscal year ending June 30, 1973, $88,000,000 for the fiscal year ending June 30, 1974, $92,500,000 for the fiscal year ending June 30, 1975, $97,000,000 for the fiscal year ending June 30, 1976, and such sums as may be necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982.

(3) For the purpose of making grants to States to enable them to carry out interlibrary cooperation programs authorized by subchapter III of this chapter, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1972, $15,750,000 for the fiscal year ending June 30, 1973, $16,500,000 for the fiscal year ending June 30, 1974, $17,300,000 for the fiscal year ending June 30, 1975, $18,200,000 for the fiscal year ending June 30, 1976, $15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of the three succeeding fiscal years.

(4) For the purpose of making grants to States to enable them to carry out public library service programs for older persons authorized by subchapter IV of this chapter, there are authorized to be appropriated such sums as may be necessary for each fiscal year ending prior to October 1, 1982.

(b) Availability

Notwithstanding any other provision of law, unless enacted in express limitation of the provisions of this subsection, any sums appropriated pursuant to subsection (a) of this section shall (1), in the case of sums appropriated pursuant to paragraphs (1) and (3) thereof, be available for obligation and expenditure for the period of time specified in the Act making such appropriation, and (2), in the case of sums appropriated pursuant to paragraph (2) thereof, subject to regulations of the Secretary promulgated in carrying out the provisions of section 351c(b) of this title, be available for obligation and expenditure for the year specified in the Appropriation Act and for the next succeeding

year.

(June 19, 1956, ch. 407, § 4, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1662, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(b), 87 Stat. 58; Oct. 7, 1977, Pub. L. 95-123, § 2, 91 Stat. 1095; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1977-Subsec. (a)(1). Pub. L. 95-123, § 2(a), added provisions authorizing appropriations of $110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of the two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 95-123, § 2(b), added provisions authorizing appropriations of such sums as may be necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 95-123, § 2(c), added provisions authorizing appropriations of $15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of the three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 95-123, § 2(d), substituted "for each fiscal year ending prior to October 1, 1982" for "for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, the fiscal year ending June 30, 1975, and the fiscal year ending June 30, 1976”. 1973-Subsec. (a)(4). Pub. L. 93-29 added par. (4).

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-29 effective after June 30, 1973, see section 801(e) of Pub. L. 93-29, set out as an Effective Date note under section 361 of this title.

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsec. (b) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Educa

tion.

LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982, 1983, AND 1984

Pub. L. 97-35, title V, § 520, Aug. 13, 1981, 95 Stat. 449, provided that:

"(a) The total amount of appropriations to carry out the Library Services and Construction Act [this chapter] shall not exceed $80,000,000 for each of the fiscal years 1982, 1983, and 1984 of which

(a) Minimum allotment; population basis for Fund distribution

(1) From the sums appropriated pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title for any fiscal year, the Secretary shall allot the minimum allotment, as determined under paragraph (3) of this subsection, to each State. Any sums remaining after minimum allotments have been made shall be allotted in the manner set forth in paragraph (2) of this subsection.

(2) From the remainder of any sums appropriated pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title for any fiscal year, the Secretary shall allot to each State such part of such remainder as the population of the State bears to the population of all the States.

(3) For the purposes of this subsection, the "minimum allotment" shall be

(A) with respect to appropriations for the purposes of subchapter I of this chapter, $200,000 for each State, except that it shall be $40,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands;

(B) with respect to appropriations for the purposes of subchapter II of this chapter, $100,000 for each State, except that it shall be $20,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands;

(C) with respect to appropriations for the purposes of subchapter III of this chapter, $40,000 for each State, except that it shall be $10,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands; and

(D) with respect to appropriations for the purposes of subchapter IV of this chapter, $40,000 for each State, except that it shall be $10,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

If the sums appropriated pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title for any fiscal year are insufficient to fully satisfy the aggregate of the minimum allotments for that purpose, each of such minimum allotments shall be reduced ratably.

(4) The population of each State and of all the States shall be determined by the Secretary

on the basis of the most recent satisfactory data available to him.

(5) There is hereby authorized for the purpose of evaluation (directly or by grants or contracts) of programs authorized by this chapter, such sums as Congress may deem necessary for any fiscal year.

(b) Reallotment

The amount of any State's allotment under subsection (a) of this section for any fiscal year from any appropriation made pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title which the Secretary deems will not be required for the period and the purpose for which such allotment is available for carrying out the State's annual program shall be available for reallotment from time to time on such dates during such year as the Secretary shall fix. Such amount shall be available for reallotment to other States in proportion to the original allotments for such year to such States under subsection (a) of this section but with such proportionate amount for any of such other State being reduced to the extent that it exceeds the amount which the Secretary estimates the State needs and will be able to use for such period of time for which the original allotments were made and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this subsection for any fiscal year shall be deemed to be a part of its allotment for such year pursuant to subsection (a) of this section.

(June 19, 1956, ch. 407, § 5, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1662, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(c), 87 Stat. 58; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

CODIFICATION

Another section 801(c) of Pub. L. 93-29 amended section 351d(a) of this title. See 1973 Amendment note set out under section 351d of this title.

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-29, § 801(c)(1) to (4), inserted reference to par. (4) of section 351b(a) of this title in pars. (1), (2), and (3) last sentence, and added subpar. (D) to par. (3).

Subsec. (b). Pub. L. 93-29, § 801(c)(5), inserted reference to par. (4) of section 351b(a) of this title.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-29 effective after June 30, 1973, see section 801(e) of Pub. L. 93-29, set out as an Effective Date note under section 361 of this title.

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a)(1), (2), and (4) and (b) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 351b, 351e, 353, 355b, 355e-1, 362 of this title.

§ 351d. State plans and programs

(a) Prerequisites for allotment of basic State plan in effect, submission of annual program, and establishment of State Advisory Council on Libraries Any State desiring to receive its allotment for any purpose under this chapter for any fiscal year shall (1) have in effect for such fiscal year a basic State plan as defined in section 351a(11) of this title and meeting the requirements set forth in subsection (b) of this section, (2) submit an annual program as defined in section 351a(13) of this title for the purposes for which allotments are desired, meeting the appropriate requirements set forth in subchapters I, II, III and IV of this chapter, and shall submit (no later than July 1, 1972) a long-range program as defined in section 351a(12) of this title for carrying out the purposes of this chapter as specified in subsection (d) of this section, and (3) establish a State Advisory Council on Libraries which meets the requirements of section 351a(8) of this title.

(b) Provisions of plan

A basic State plan under this chapter shall(1) provide for the administration, or supervision of the administration, of the programs authorized by this chapter by the State library administrative agency;

(2) provide that any funds paid to the State in accordance with a long-range program and an annual program shall be expended solely for the purposes for which funds have been authorized and appropriated and that such fiscal control and fund accounting procedures have been adopted as may be necessary to assure proper disbursement of, and account for, Federal funds paid to the State (including any such funds paid by the State to any other agency) under this chapter;

(3) provide satisfactory assurance that the State agency administering the plan (A) will make such reports, in such form and containing such information, as the Secretary may reasonably require to carry out his functions under this chapter and to determine the extent to which funds provided under this chapter have been effective in carrying out its purposes, including reports of evaluations made under the State plans, and (B) will keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports; and

(4) set forth the criteria to be used in determining the adequacy of public library services in geographical areas and for groups of persons in the State, including criteria designed to assure that priority will be given to programs or projects which serve urban and rural areas with high concentration of lowincome families, and to programs and projects which serve areas with high concentrations of persons of limited English-speaking ability 1 (as defined in section 3223(a) of this title).

'So in original. Probably should be "limited English proficiency".

1

(c) Approval of basic State plan by Secretary

(1) The Secretary shall not approve any basic State plan pursuant to this chapter for any fiscal year unless

(A) the plan fulfills the conditions specified in section 351a(11) of this title and subsection (b) of this section and the appropriate subchapters of this chapter;

(B) he has made specific findings as to the compliance of such plan with requirements of this chapter and he is satisfied that adequate procedures are subscribed to therein insure that any assurances and provisions of such plan will be carried out.

(2) The State plan shall be made public as finally approved.

(3) The Secretary shall not finally disapprove any basic State plan submitted pursuant to subsection (a)(1) of this section, or any modification thereof, without first affording the State reasonable notice and opportunity for hearing. (d) Long-range State programs; development; provisions

The long-range program of any State for carrying out the purposes of this chapter shall be developed in consultation with the Secretary and shall

(1) set forth a program under which the funds received by the State under the programs authorized by this chapter will be used to carry out a long-range program of library services and construction covering a period of not less than three nor more than five years; (2) be annually reviewed and revised in accordance with changing needs for assistance under this chapter and the results of the evaluation and surveys of the State library administrative agency;

(3) set forth policies and procedures (A) for the periodic evaluation of the effectiveness of programs and projects supported under this chapter, and (B) for appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects; and

(4) set forth effective policies and procedures for the coordination of programs and projects supported under this chapter with library programs and projects operated by institutions of higher education or local elementary or secondary schools and with other public or private library services programs. Such program shall be developed with advice of the State advisory council and in consultation with the Secretary and shall be made public as it is finally adopted.

(e) Termination or limitation of payments to States by Secretary; procedure; grounds

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a program submitted under this chapter, finds

(1) that the program has been so changed that it no longer complies with the provisions of this chapter, or

(2) that in the administration of the program there is a failure to comply substantially with any such provisions or with assurance

or other provision contained in the basic State plan,

then, until he is satisfied that there is no longer any such failure to comply, after appropriate notice to such State agency, he shall make no further payments to the State under this chapter or shall limit payments to programs or projects under, or parts of, the programs not affected by the failure, or shall require that payments by such State agency under this chapter shall be limited to local or other public library agencies not affected by the failure.

(f) Judicial review of Secretary's final actions; procedure

(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of a plan submitted under this chapter or with his final action under subsection (e) of this section such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28.

(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon take new or modified findings of fact and may modify his previous action, and shall certify to the court the record of further proceedings.

(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title

28.

(June 19, 1956, ch. 407, § 6, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1663, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(c), 87 Stat. 59; Aug. 21, 1974, Pub. L. 93-380, title VIII, § 841(b), 88 Stat. 609; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

CODIFICATION

Another section 801(c) of Pub. L. 93-29 amended section 351c of this title. See 1973 Amendment note set out under section 351c of this title.

AMENDMENTS

1974-Subsec. (b)(4). Pub. L. 93-380 required basic State plan to include criteria to assure that priority will be given to programs and projects which serve areas with high concentrations of persons of limited English-speaking ability (as defined in section 880b-1(a) of this title).

1973-Subsec. (a). Pub. L. 93-29 inserted reference to subchapter IV of this chapter.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-380 effective on and after July 1, 1974, see section 841(c) of Pub. L. 93-380.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-29 effective after June 30, 1973, see section 801(e) of Pub. L. 93-29, set out as an Effective Date note under section 361 of this title.

EFFECTIVE DATE

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (b)(3) and (c) to (f), and "Secretary's" was substituted for "Commissioner's" in subsec. (f)(1) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88 which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 351a, 351e, 352, 353, 354, 355a, 355c, 355e, 355e-2, 361, 363, 3223 of this title.

§ 351e. Payments to States (a) Prerequisites

From the allotments available therefor under section 351c of this title from appropriations pursuant to paragraph (1), (2), (3), or (4) of section 351b(a) of this title, the Secretary shall pay to each State which has a basic State plan approved under section 351d(a)(1) of this title, an annual program and a long-range program as defined in section 351a(12) and (13) of this title an amount equal to the Federal share of the total sums expended by the State and its political subdivisions in carrying out such plan, except that no payments shall be made from appropriations pursuant to such paragraph (1) for the purposes of subchapter I of this chapter to any State (other than the Trust Territory of the Pacific Islands) for any fiscal year unless the Secretary determines that

(1) there will be available for expenditure under the programs from State and local sources during the fiscal year for which the allotment is made

(A) sums sufficient to enable the State to receive for the purpose of carrying out the programs payments in an amount not less than the minimum allotment for that State for the purpose, and

(B) not less than the total amount actually expended, in the areas covered by the programs for such year, for the purposes of such programs from such sources in the second preceding fiscal year; and

(2) there will be available for expenditure for the purposes of the programs from State sources during the fiscal year for which the allotment is made not less than the total amount actually expended for such purposes from such sources in the second preceding fiscal year.

(b) Federal share; promulgation by Secretary

(1) For the purpose of this section, the "Federal share" for any State shall be, except as is provided otherwise in subchapter III and subchapter IV of this chapter, 100 per centum less

the State percentage, and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of all the States (excluding Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), except that (A) the Federal share shall in no case be more than 66 per centum, or less than 33 per centum, and (B) the Federal share for Puerto Rico, Guam, American Samoa, and the Virgin Islands shall be 66 per centum, and (C) the Federal share for the Trust Territory of the Pacific Islands shall be 100 per centum.

(2) The "Federal share" for each State shall be promulgated by the Secretary within sixty days after the beginning of the fiscal year ending June 30, 1971, and of every second fiscal year thereafter, on the basis of the average per capita incomes of each of the States and of all the States (excluding Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), for the three most recent consecutive years for which satisfactory data are available to him from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years beginning after the promulgation. (June 19, 1956, ch. 407, § 7, as added Dec. 30, 1970, Pub. L. 91-600, § 2(b), 84 Stat. 1665, and amended May 3, 1973, Pub. L. 93-29, title VIII, § 801(d), 87 Stat. 59; Oct. 17, 1979, Pub. L. 96-88, title III, § 301(a)(1), title V, § 507, 93 Stat. 677, 692.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-29, § 801(d)(1), inserted reference to par. (4) of section 351(a) of this title. Subsec. (b)(1). Pub. L. 93–29, § 801(d)(2), inserted reference to subchapter IV of this chapter.

EFFECTIVE Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91-600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

TRANSFER OF FUNCTIONS

"Secretary", meaning the Secretary of Education, was substituted for "Commissioner" in subsecs. (a) and (b)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of the Commissioner of Education to the Secretary of Education.

§ 351f. Administrative costs

The amount expended by any State, from an allotment received under this chapter for any fiscal year, for administrative costs in connection with any program or activity carried out by such State under this chapter shall be matched by such State from funds other than Federal funds.

(June 19, 1956, ch. 407, § 8, as added Oct. 7, 1977, Pub. L. 95–123, § 3(a), 91 Stat. 1095.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 353 of this title.