Page:United States Statutes at Large Volume 92 Part 2.djvu/1071

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2351

judgment of the court shall be 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. USE OF RECOVERED FUNDS

"SEC. 456. (a) Whenever the Commissioner has recovered funds following a final audit determination with respect to any applicable program, he may consider those funds to be additional funds available for that program and may arrange to repay to the State or the local agency affected by that action not to exceed 75 percent of those funds upon his determination that— "(1) the practices or procedures of the State or local agency that resulted in the audit determination have been corrected, and that the State or the local agency is in all other respects in compliance with the requirement of that program; "(2) the State or the local agency has submitted to the Commissioner 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 misexpenditures that resulted in the audit exception; 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 granted. "(b) Any payments by the Commissioner under this section shall be subject to such other conditions as the Commissioner deems 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 State or local agency with parents or representatives of the population that will benefit from the payments. "(c) Notwithstanding any other provisions of law, the Commissioner may authorize amounts made available under this section to remain available for expenditure, subject to such conditions as he deems appropriate, for up to three fiscal years following the fiscal year in which the audit determination referred to in subsection (a) was made. "(d) At least thirty days prior to entering into an arrangement under this section, the Commissioner shall publish in the Federal Register a notice of his intent to do so and the terms and conditions under which payments will be made. Interested persons shall have an opportunity for at least thirty days to submit comments to the Commissioner regarding the proposed arrangement.".

State or local agency, repayment. 20 USC 1234e.

Notice, publication in Federal Register. Comments.

PART D—GEIJERAL ADMINISTRATIVE PROVISIONS OFFICE OF NON-PUBLIC EDUCATION

SEC. 1241. Section 403 of the General Education Provisions Act is Establishment. amended by adding at the end thereof the followina: new subsection: 20 USC 1221c. " (d)(1) There shall be, in the Office of Education, an Office of Non-Public Education to insure the maximum potential participation of nonpublic school students in all Federal educational programs for which such children are eligible. "(2) The Office shall be headed by the Deputy Commissioner for Non-Public Education, who shall be appointed by the Commissioner.".

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