All 69 Stat. 714. 67 Stat. 522. 20 USC 294. 20 USC 293. 20 USC 294. to a local educational agency either before or after the enactment of this Act. DATE FOR DETERMINING "UNHOUSED" CHILDREN SEC. 5. (a) Section 304 of such Act is amended, effective December 1, 1954, by striking out "the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (A) are built or under contract as of the date set by the Commissioner under section 303 for filing applications for payments from the funds out of which such Federal share is to be paid", and inserting the following: "the number of such children who will otherwise be without such facilities at such time shall be determined by reference to those facilities which (A) are built or under contract as of the earliest date set by the Commissioner under section 303, on or before which the application for such project is filed". (b) Such section is further amended by inserting “(a)" after “SEC. 304." and by adding at the end of section the following new subsection: (b) (1) Where a local educational agency filed an application for payments under this title on or before November 24, 1953, and after that date entered into any construction contract which had the effect of diminishing or eliminating payments to such agency on the basis of the application, the Commissioner shall pay to such agency, out of funds appropriated pursuant to this subsection, an amount equal to the difference between the amount, if any, reserved on the basis of the application and the amount which would have been reserved on the basis of the application out of funds appropriated by the Supple67 Stat. 424. mental Appropriation Act, 1954, if such funds had been sufficient to permit payments without establishing priorities under section 303. "(2) Payments under this subsection shall be made upon request of the local educational agency involved, filed with the Commissioner within ninety days after the date on which funds are appropriated to make such payments. Except as provided in paragraph (3), such payments shall be made in a lump sum, and shall be made upon condition that the funds paid shall be used solely to finance the construction of school facilities for such agency (including the payment of obligations incurred with respect to school facilities constructed before the enactment of this subsection). 20 USC 275. 20 USC 297, 296. "(3) If, as of the date on which funds are appropriated to make payments under this subsection, any agency to which this subsection applies has not provided minimum school facilities (determined by reference to those facilities which, as of such date, are built or under contract, or are included in a project the application for which has been approved under this title) for the estimated number of children who will be in the membership of its schools at the close of the regular school year 1955-1956, its request shall set forth one or more projects for the construction of minimum school facilities for such children, and with respect to such projects shall meet the requirements of section 205 (b) (1). If, and only if, the projects included in its request and approved for payment will provide minimum school facilities for the number of children for whom such facilities have not been provided, as determined under the preceding sentence, the balance, if any, of the amount payable to such agency under this subsection shall be paid to it in accordance with paragraph (2). Upon approval of the request, payments with respect to each project included in the request shall be made under section 307 as if an application for such project had been approved under section 306.” All 69 Stat. 715. ASSISTANCE UNDER PUBLIC LAW 815 FOR CHILDREN RESIDING ON INDIAN LAND OUTSIDE SCHOOL DISTRICTS SEC. 6. (a) Paragraph (1) of section 401 (a) of such Act is 67 Stat. 526. amended by inserting before the semicolon the following: "or that 20 USC 311. the total number of such children who reside on Indian lands located outside the school district of such agency equals or exceeds 100". (b) Such section 401 (a) is further amended by adding at the end thereof the following: "Assistance may be furnished under this subsection without regard to paragraph (2) (but subject to the other provisions of this subsection and subsection (c)) to any local educational agency which provides free public education for children who reside on Indian lands located outside its school district. For purposes of this subsection 'Indian lands' means Indian reservations or other real property referred to in the third sentence of section 210 (1).". (c) Section 401 (b) of such Act is amended (1) by striking out "the succeeding fiscal year" and inserting in lieu thereof "the two succeeding fiscal years", and (2) by striking out "June 30, 1955” and inserting in lieu thereof "June 30, 1956". PAYMENTS UNDER PUBLIC LAW 815 TO DISTRICTS UNABLE TO FINANCE SEC. 7. Section 308 of such Act is amended by inserting "(a)" after 67 Stat. 525. "SEC. 308." and by adding at the end of the section the following new 20 USC 298. subsection: "(b) Where a local educational agency filed an application for payments under this section before June 30, 1954, and such agency met all the requirements established for approval of such application except the 20 per centum requirement as to children countable for payments under this title (45 C. F. R., 1954 Supp., 107.8 (b) (2)), and the number of children countable for the purposes of such requirement was equal to 10 per centum or more of the average daily membership of such agency for the school year 1953-1954, the Commissioner shall pay to such agency, out of funds appropriated pursuant to this subsection, an amount equal to the amount which would have been reserved on the basis of such application if such requirement had been met. Payments under this subsection shall be made upon application by the local educational agency involved, filed with the Commissioner on or before November 1, 1955, which shall set forth one or more projects for the construction of minimum school facilities for such agency, and shall meet the requirements of section 205 (b) (1) with respect 20 USC 275. to such projects. Upon approval of an application under this subsection, payments with respect to each project included in the appli cation shall be made under section 307 as if an application for such 20 USC 297, project had been approved under section 306." Approved August 12, 1955. 296. 84th Congress Chapter 407 - 2d Session To promote the further development of public library service in rural areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Library Services be cited as the "Library Services Act". DECLARATION OF POLICY SEC. 2. (a) It is the purpose of this Act to promote the further extension by the several States of public library services to rural areas without such services or with inadequate services. (b) The provisions of this Act shall not be so construed as to interfere with State and local initiative and responsibility in the conduct of public library services. The administration of public libraries, the selection of personnel and library books and materials, and, insofar as consistent with the purposes of this Act, the determination of the best uses of the funds provided under this Act shall be reserved to the States and their local subdivisions. AUTHORIZATION OF APPROPRIATIONS SEC. 3. There is hereby authorized to be appropriated for the fiscal year ending June 30, 1957, and for each of the four succeeding fiscal years the sum of $7,500,000 which shall be used for making payments to States which have submitted and had approved by the Commissioner of Education (hereinafter referred to as the Commissioner) State plans for the further extension of public library services to rural areas without such services, or with inadequate services. ALLOTMENTS TO STATES SEC. 4. (a) From the sums appropriated pursuant to section 3 for each fiscal year, the Commissioner shall allot $10,000 to the Virgin Islands and $40,000 to each of the other States, and shall allot to each State such part of the remainder of such sums as the rural population of the State bears to the rural population of the United States, according to the most recent decennial census. (b) The amount of any allotment to a State under subsection (a) for any fiscal year remaining unpaid to such State at the end of such fiscal year shall be available for payment to such State under section 6 until the end of the succeeding fiscal year. No payment to a State under section 6 shall be made out of its allotment for any fiscal year until its allotment for the preceding fiscal year has been exhausted or has ceased to be available. Act. STATE PLANS SEC. 5. (a) To be approved under this section, a State plan for the further extension of public library services to rural areas must— (1) provide for the administration, or supervision of the administration, of the plan by the State library administrative agency, and provide that such agency will have adequate authority under State law to administer the plan in accordance with its provisions and the provisions of this Act; (2) provide for the receipt by the State treasurer (or, if there be no State treasurer, the officer exercising similar functions for the State) of all funds paid to the State pursuant to this Act and for the proper safeguarding of such funds by such officer, Conditions. Estimation. All 70 Stat. 294. provide that such funds shall be expended solely for the purposes for which paid, and provide for the repayment by the State to the United States of any such funds lost or diverted from the purposes for which paid; (3) provide policies and methods of administration to be followed in using any funds made available for expenditure under the State plan, which policies and methods the State library administrative agency certifies will in its judgment assure use of such funds to maximum advantage in the further extension of public library services to rural areas without such services or with inadequate services; (4) provide that the State library administrative agency will make such reports as to categories of expenditures made under this Act, as the Commissioner may from time to time reasonably require; and (5) provide that any library services furnished under the plan shall be made available free of charge under regulations prescribed by the State library administrative agency. (b) The Commissioner shall approve any plan which fulfills the conditions specified in subsection (a) of this section. (c) The determination of whether library services are inadequate in any area within any State shall be made by the State library administrative agency of such State. PAYMENTS TO STATES SEC. 6. (a) From the allotments available therefor under section 4, the Secretary of the Treasury shall from time to time pay to each State which has plan approved under section 5 an amount computed as provided in subsection (b) of this section, equal to the Federal share of the total sums expended by the State and its political subdivisions under such plan during the period for which such payment was made, except that no payments shall be made to any State from its allotment for any fiscal year unless and until the Commissioner finds that (1) there will be available for expenditure under the plan from State or local sources during the fiscal year for which the allotment is made (A) sums sufficient to enable the State to receive under this section payments in an amount not less than $10,000 in the case of the Virgin Islands and $40,000 in the case of any other State, and (B) not less than the total amount actually expended, in the areas covered by the plan for such year, for public library services from such sources in the fiscal year ending June 30, 1956, and (2) there will be available for expenditure for public library services from State sources during the fiscal year for which the allotment is made not less than the total amount actually expended for public library services from such sources in the fiscal year ending June 30, 1956. (b) The Commissioner shall from time to time, but not less often than semiannually, and prior to the period for which a payment is to be made, estimate the amount, within the balance of the allotments for each State, which may be necessary to pay the Federal share of the total expenditures for carrying out the approved State plan for such period. The Commissioner shall certify to the Secretary of the Treasury the amount so determined, reduced or increased as the case may be by the amount by which he finds that his estimate for any prior period was greater or less than the amount which should have been paid to the State for such period. The Secretary of the Treasury shall thereupon, prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Commissioner, the amount so certified. All 70 Stat. 295. any (c) For the purposes of this section the "Federal share" for State shall be 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 the continental United States (excluding Alaska), except that (1) the Federal share shall in no case be more than 66 per centum or less than 33 per centum, and (2) the Federal share for Hawaii shall be 50 per centum and for Alaska, Puerto Rico, and the Virgin Islands shall be 66 per centum. "Federal share"! (d) The "Federal share" for each State shall be promulgated by Promulgation. the Commissioner between July 1 and August 31 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the continental United States (excluding Alaska) for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Commissioner shall promulgate such percentages as soon as possible after the enactment of this Act to be effective until July 1, 1957. (e) No portion of any money paid to a State under this Act shall Restriction. be applied, directly or indirectly, to the purchase or erection of any building or buildings, or for the purchase of any land. (f) No portion of any money paid to a State under this Act shall be used, directly or indirectly, to provide or improve library services in any area other than a rural area; except that nothing contained herein shall be construed to prohibit the utilization of such money by public libraries in nonrural areas for the exclusive purpose of extending public library services to rural areas, if such utilization has been provided for in an approved State plan covering the areas affected. WITHHOLDING SEC. 7. If the Commissioner finds after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this Act, that the State plan has been so changed that it no longer complies with the requirements of this Act or that in the administration of the plan there is a failure to comply substantially with the provisions required to be included in the plan, he shall notify such State agency that further payments will not be made to the State under this Act until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State: Provided, That any State or State agency is entitled to judicial review in the United States District Court wherein the State or State agency is located of any such withholding determination in accordance with applicable provisions 60 Stat. 237. of the Administrative Procedures Act. ADMINISTRATION SEC. 8. (a) The Commissioner shall administer this Act under the supervision and direction of the Secretary of Health, Education, and Welfare, and shall, with the approval of the Secretary, prescribe such regulations as may be necessary for the administration of this Act. (b) The Commissioner is also authorized to make such studies, investigations, and reports as may be necessary or appropriate to carry out the purposes of this Act, including periodic reports for public distribution as to the values, methods, and results of various 5 USC 1001 note. |