Page:United States Statutes at Large Volume 78.djvu/57

 78 STAT. ]

PUBLIC LAW 88-269-FEB. 11, 1964

15

in^ out the State plan approved iiiulei* section 103 and section 203, respectively, shall be available for reallo(ment from time to time, on such dates during such yeai' as the Commissioner may fix, to other States in proportion to the orijrinal allotments for such year to such States undei- such section 102 or 202, as the case may be, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the amount which the Commissioner estimates the State needs and will IM? able to use for such period of time for which the original allotments were available for carrying out the State plan approved under section 108 or 203, as the case may be, and the total of such reductions shall be similarly reallotted among the States not sulfering su<'h a reducti(m. Any amount reallotted to a Stat<? undei- this subsection from funds appropriated pursuant to section 101 or 201 for any tiscal year shall be deemed part of its allotment for such 5'ear under sections 102 and 202, respectively." (i) The amendments made by subsections (c), (e), and (g) shall be applicable in the case of payments from allotments for fiscal years beginning after June 30, 1963. The amendment made by subsection (h) shall be applicable in the CAse of such allotments. HEARINGS AND JUDICIAL REVIEW

SEC. 8. The section of the Library Services Act herein redesignated as section 302 is amended by adding at the end thereof the following new subsection: " (d)(1) The Commissioner shall not finally disapprove any State plan submitted under this Act, or any modification thereof, without first affording the State submitting the plan reasonable notice and oppoitunity for a hearing. "(2) I f any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under title I or title II, or with respect to his final action under section 301, such State may appeal to the United States Court of Appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner or any officer designated by him for that purpose. The Commissioner 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, United States Code. " (3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part, temporarily or permanently, but mitil the filing of the record the Commissioner may modify or set aside his order. The fmdin^s of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(4) The judgment of the court affirming or setting aside, in whole or in part, any action of the Commissioner shall be final, subject to review by the Supreme Court of the United States upon certiorari or

20 USC 357.

72 Stat. 941.

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