1995 US Code
Title 20 - EDUCATION
CHAPTER 16 - PUBLIC LIBRARY SERVICES AND CONSTRUCTION
Sec. 351d - Plans and programs

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§351d. 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, and III 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;

(4) provide assurances that libraries within the State that receive funds under this chapter shall not discriminate on the basis of race, religion, age, gender, national origin, or handicapping condition in providing space for public meetings; and

(5) provide that priority will be given to programs and projects—

(A) that improve access to public library resources and services for the least served populations in the State, including programs for individuals with limited English-speaking proficiency (as defined in section 703(a) of the Bilingual Education Act) 1 or handicapping conditions, and programs and projects in urban and rural areas;

(B) that serve the elderly;

(C) that are designed to combat illiteracy; and

(D) that increase services and access to services through effective use of technology.

(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, construction, and interlibrary cooperation and resource sharing 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 any 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.

(g) Indian tribes; allotments and allocations

(1) Any Indian tribe desiring to receive its allotment under section 351c(c)(1) of this title shall submit an application to the Secretary in accordance with section 363 of this title.

(2) Any Indian tribe desiring to receive an additional allocation under section 351c(c)(2) of this title in the same fiscal year in which it has received an allocation under section 351c(c)(1) of this title shall submit a plan in accordance with section 364 of this title.

(h) Resource sharing coordination

The Secretary shall coordinate programs under subchapters V and VI of this chapter with the programs assisted by subchapters I, II, and III of this chapter, and shall provide to the head of the State library administrative agency the opportunity to comment on any application for a grant under subchapter V or VI of this chapter prior to the awarding of the grant, in order to assure that such grants from the Secretary are for purposes consistent with the long-range program required under subsection (d) of this section.

(June 19, 1956, ch. 407, §6, as added Dec. 30, 1970, Pub. L. 91–600, §2(b), 84 Stat. 1663; 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, 1984, Pub. L. 98–480, title I, §§103(b), 106, 98 Stat. 2237, 2239; Nov. 22, 1985, Pub. L. 99–159, title III, §302(b), 99 Stat. 903; Mar. 15, 1990, Pub. L. 101–254, §§4(b)–6, 104 Stat. 102, 103.)

References in Text

Section 703(a) of the Bilingual Education Act, referred to in subsec. (b)(5)(A), is section 703(a) of Pub. L. 89–10, title VII, as added by Pub. L. 95–561, title VII, §701, Nov. 1, 1978, 92 Stat. 2269, as amended, which was classified to section 3223(a) of this title prior to the complete revision of Pub. L. 89–10 by Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 140. For provisions defining “limited English proficiency”, see section 7601 of this title.

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

1990—Subsec. (b)(4), (5). Pub. L. 101–254, §5, added par. (4) and redesignated former par. (4) as (5).

Subsec. (d)(1). Pub. L. 101–254, §6(1), substituted “, construction, and interlibrary cooperation and resource sharing” for “and construction”.

Subsec. (g)(2). Pub. L. 101–254, §4(b), inserted “in the same fiscal year in which it has received an allocation under section 351c(c)(1) of this title” after “section 351c(c)(2) of this title”.

Subsec. (h). Pub. L. 101–254, §6(2), added subsec. (h).

1985—Subsec. (b)(4)(A). Pub. L. 99–159 inserted reference to section 3223(a) of this title.

1984—Subsec. (a). Pub. L. 98–480, §106(2), substituted “subchapters I, II, and III” for “subchapters I, II, III, and IV”.

Subsec. (b)(3). Pub. L. 98–480, §103(b)(1), substituted “Secretary” for “Commissioner” in two places.

Subsec. (b)(4). Pub. L. 98–480, §106(3), substituted provisions enumerating the types of programs and projects to be given priority by a State plan under this chapter for provisions which required that the State plan under this chapter 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 would be given to programs or projects which served urban and rural areas with high concentrations of low-income families, and to programs and projects which served areas with high concentrations of persons of limited English-speaking ability (as defined in section 3223(a) of this title).

Subsecs. (c)(1), (3), (d), (e). Pub. L. 98–480, §103(b)(1), substituted “Secretary” for “Commissioner” wherever appearing.

Subsec. (f). Pub. L. 98–480, §103(b), substituted “Secretary's” for “Commissioner's” in par. (1) and substituted “Secretary” for “Commissioner” two places in par. (1), three places in par. (2), and in par. (3).

Subsec. (g). Pub. L. 98–480, §106(4), added subsec. (g).

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 1990 Amendment

Amendment by Pub. L. 101–254 effective Oct. 1, 1990, see section 25 of Pub. L. 101–254, set out as a note under section 351a of this title.

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 351b 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.

Section Referred to in Other Sections

This section is referred to in sections 351a, 351e, 352, 353, 354, 355a, 355c, 355e, 355e–2, 355e–3, 355e–4, 386a of this title.

1 See References in Text note below.