Page:United States Statutes at Large Volume 108 Part 5.djvu/433

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3923 "USE OF FUNDS WITHHELD "SEC. 435. (a) At any time that the Secretary makes an allotment or reallotment to any State under any applicable program, the Secretary shall reduce such allotment or reallotment by such amount as the Secretary determines such allotment or reallotment would have been reduced, had the data on which such allotment or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary's action, are ineligible to receive the Federal financial assistance involved because of failure to comply with title VI of the Civil Rights Act of 1964, title DC of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, or the Age Discrimination Act of 1975. "(b) The Secretary may use any funds withheld under subsection (a)— "(1) to increase the allotments or reallotments of local educational agencies within the State that are not described in subsection (a), or the allotments or reallotment of all States, in accordance with the Federal law governing the program; or "(2) for grants to local educational agencies of that State in accordance with section 405 of the Civil Rights Act of 1964, or for any other program administered by the Department that is designed to enhance equity in education or redress discrimination on the basis of race, color, national origin, sex, age, or disability.". SEC. 246. APPLICATIONS. Section 436 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 123Ig) is amended— (1) in subsection (a), by striking "for three fiscal years" and inserting "for more than one fiscal year"; and (2) by striking "Commissioner" each place such term appears and inserting "Secretary". SEC. 247. REGULATIONS. Section 437 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232) is amended to read as follows: "REGULATIONS "SEC. 437. (a) For the purpose of this section, the term 'regulation' means any generally applicable rule, regulation, guideline, interpretation, or other requirement that— "(1) is prescribed by the Secretary or the Department; and "(2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program. "(b) Regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular section or sections of statutory law or other legal authority on which such provision is based. "(c) All regulations shall be uniformly applied and enforced throughout the 50 States.

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