Page:United States Statutes at Large Volume 102 Part 1.djvu/395

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 357

arrange to repay to the recipient affected by that action an amount not to exceed 75 percent of the recovered funds if the Secretary determines that— "(1) the practices or procedures of the recipient that resulted in the violation of law have been corrected, and that the recipient is in all other respects in compliance with the requirements of that program; "(2) the recipient has submitted to the Secretary a plan for the use of those funds pursuant to the requirements of that program and, to the extent possible, for the benefit of the population that was affected by the failure to comply or by the misuse of funds that resulted in the recovery; and "(3) the use of those funds in accordance with that plan would serve to achieve the purposes of the program under which the funds were originally paid. "(b) Any payments by the Secretary under this section shall be subject to such other terms and conditions as the Secretary considers necessary to accomplish the purposes of the affected programs, including— "(1) the submission of periodic reports on the use of funds provided under this section; and "(2) consultation by the recipient with students, parents, or representatives of the population that will benefit from the payments. "(c) Notwithstanding any other provisions of law, the funds made available under this section shall remain available for expenditure for a period of time deemed reasonable by the Secretary, but in no case to exceed more than 3 fiscal years following the fiscal year in which final agency action under section 452(e) is taken. "(d) At least 30 days prior to entering into an arrangement under Federal this section, the Secretary shall publish in the Federal Register a Register, notice of intent to enter into such an arrangement and the terms publication. and conditions under which payments will be made. Interested persons shall have an opportunity for at least 30 days to submit comments to the Secretary regarding the proposed arrangement. "SEC. 460. DEFINITIONS.

20 USC 12341.

"For purposes of this part: "(1) The term 'recipient' means a recipient of a grant or cooperative agreement under an applicable program. "(2) The term 'applicable program' excludes programs authorized by the Higher Education Act of 1965 and assistance programs provided under the Act of September 30, 1950 (Public Law 874, 81st Congress), and the Act of September 23, 1950 (Public Law 815, 81st Congress).". (b) EFFECTIVE DATES.—

(1) Except as provided in paragraph (2), the amendments made by this section shall be effective 180 days after the date of enactment of this Act. (2) The amendments made by this part shall not apply to any case in which the recipient, prior to the effective date of this part, received a written notice that such recipient must return funds to the Department.

20 USC 1234 note.

(c) CONFORMING AMENDMENTS.—Section 435(a) of the General

Education Provisions Act is amended by striking "titles I and IV" 20 USC 1232d. and all that follows through "such Act)" and inserting "chapter 1

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