to the provisions of the Contract Work Hours Standards Act (Public Law 87-581); and the Secretary of Labor shall have with respect to the labor standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). (b) The Commissioner shall approve any plan which fulfills the conditions specified in subsection (a) of this section.

PAYMENTS TO STATES

SEC. 204. (a) From its allotment available therefor under section 202 each State shall be entitled to receive an amount equal to the Federal share (as determined under section 104) of projects approved, during the period for which such allotment is available, under the State plan of such State approved under section 203.

(b) The Commissioner shall from time to time estimate the amount to which a State is entitled under subsection (a), and such amount shall be paid to the State, at such time or times, and in such installments as the Commissioner shall determine, after necessary adjustment on account of any previously made underpayment or overpayment.

TITLE III-GENERAL

WITHHOLDING

SEC. 301. If the Commissioner finds after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of a State plan approved under this Act, that the State plan has been so changed that it no longer complies with the applicable 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 (or, in his discretion, that further payments will not be made with respect to portions of or projects under the State plan affected by such failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to such State for carrying out such State plan (or further payments shall be limited to parts of or projects under the plan not affected by such failure).

ADMINISTRATION

SEC. 302. (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 State demonstrations of public library services undertaken under this Act.

(c) There are hereby authorized to be appropriated for expenses of administration such sums as may be necessary to carry out the functions of the Secretary and the Commissioner under this Act.

(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 opportunity for a hearing.

(2) If 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 until the filing of the record the Commissioner may modify or set aside his order. The findings 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 certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action.

REALLOTMENTS

SEC. 303. The amount of any State's allotment under section 102 or 202 for any fiscal year which the Commissioner determines will not be required for the period for which such allotment is available for carrying out the State plan approved under section 103 and section 203, respectively, shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments for such year to such States under 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 be able to use for such period of time for which the original allotments were available for carrying out the State plan approved under section 103 or 203, as the case may be, 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 from funds appropriated pursuant to section 101 or 201 for any fiscal year shall be deemed part of its allotment for such year under sections 102 and 202, respectively.

DEFINITIONS

SEC. 304. For the purposes of this Act

(a) The term "State" means a State, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands;

(b) The term "State library administrative agency" means the official State agency charged by State law with the extension and development of public library services throughout the State;

(c) The term "public library" means a library that serves free all residents of a community, district, or region, and receives its financial support in whole or in part from public funds;

(a) The term "construction" includes construction of new buildings and expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings; including architects' fees and the cost of the acquisition of land;

(e) The term "Secretary" means the Secretary of Health, Education, and Welfare.

Enacted on September 25, 1962 as P.L. 87-688, 76 Stat. 586; 20 U.S.C. 355

AN ACT To extend the application of certain laws to American Samoa Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That, upon request of the Secretary of the Interior

(a) the head of any Federal department, agency, or corporation may, notwithstanding any other provision of law, extend to American Samoa, without reimbursement, such scientific, technical, and other assistance under any program which it administers as, in the judgment of the Secretary of the Interior, will promote the welfare of American Samoa. The provisions of the preceding sentence shall not apply to financial assistance under any grantin-aid program. The Secretary of the Interior shall not request assistance pursuant to this subsection which will involve nonreimbursable costs as estimated for him in advance by the heads of

the departments, agencies, and corporations concerned in excess of an aggregate of $150,000 in any one fiscal year;

(c) the Secretary of Health, Education, and Welfare may extend to American Samoa the benefits of *** the Library Services Act (70 Stat. 293; 20 U.S.C. 351 et seq.) *** as amended.

VETERANS' CHILDREN, EDUCATIONAL ASSISTANCE FOR

EDUCATIONAL ASSISTANCE FOR VETERANS' CHILDREN

Enacted on September 2, 1958, as title 38, United States Code, part 3, chapter 35, P.L. 85-857, 72 Stat. 1193, and amended on September 23, 1963, by P.L. 88-126, 77 Stat. 158, and on July 7, 1964 by P.L. 88-361, 78 Stat. 297

§ 1701. Definitions.

SUBCHAPTER I-DEFINITIONS

(a) For the purposes of this chapter

(1) The term "eligible person" means a child of a person who died of a service-connected disability arising out of active military, naval, or air service during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period but only if such service did not terminate under dishonorable conditions. Such term also includes the child of a person who has a total disability permanent in nature resulting from a service-connected disability arising out of service as described in the first sentence hereof, or who died while a disability so evaluated was in existence. The standards and criteria for determining whether or not a disability arising out of service during the Spanish-American War, World War I, World War II, or the Korean conflict is service-connected shall be those plicable under chapter 11 of this title. The standards and criteria for determining whether or not a disability arising out of service during the induction period is service-connected shall be those applicable under chapter 11 of this title, except that the disability must (A) be shown to have directly resulted from, and the causative factor therefor must be shown to have arisen out of, the performance of active military, naval, or air service (but not including service described under section 106 of this title), or (B) have resulted (i) directly from armed conflict or (ii) from an injury or disease received while engaged in extrahazardous service (including such service under conditions simulating war).

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(d) The Congress hereby declares that the educational program established by this chapter is for the purpose of providing opportunities for education to children whose education would otherwise be impeded or interrupted by disability or death of a parent from a disease or injury incurred or aggravated in the Armed Forces during the Spanish-American War, World War I, World War II, the Korean conflict, or the induction period and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the reason of the disability or death of such parent.