Page:United States Statutes at Large Volume 115 Part 2.djvu/819

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1803 "SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS. "No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart. "SEC. 5229. RECOVERY OF FUNDS. "(a) IN GENERAL.— The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— "(1) all of the funds in a reserve account established by an eligible entity under section 5225(a) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the purposes described in section 5225(a); or "(2) all or a portion of the funds in a reserve account established by an eligible entity under section 5225(a) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in section 5225(a). "(b) EXERCISE OF AUTHORITY.— The Secretary shall not exercise the authority provided in subsection (a) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in section 5225(a). "(c) PROCEDURES.— The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under subsection (a). "(d) CONSTRUCTION.— Th is section shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. "SEC. 5230. DEFINITIONS. "In this subpart: "(1) CHARTER SCHOOL.— The term 'charter school' has the meaning given such term in section 5210. "(2) ELIGIBLE ENTITY.—The term 'eligible entity' means— "(A) a public entity, such as a State or local governmental entity; "(B) a private nonprofit entity; or "(C) a consortium of entities described in subparagraphs (A) and (B). "SEC. 5231. AUTHORIZATION OF APPROPRIATIONS. "For the purpose of carrying out this subpart, there are authorized to be appropriated $150,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal year 2003. 20 USC 7223g. "Subpart 3- «SEC. 5241. GRANTS. -Voluntary Public School Choice Programs "(a) AUTHORIZATION.—From funds made available under section 5248 to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the entities 20 USC 7223h. Applicability. 20 USC 72231. 20 USC 7223J. 20 USC 7225.

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