Page:United States Statutes at Large Volume 92 Part 2.djvu/967

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2247

" (d) A local educational agency or State agency may, in accordance with section 425(a) of the General Education Provisions Act, appeal a Post, p. 2354. final determination of the State educational agency under subsection (b) to the Commissioner. "(e) If, following an affirmance by the Commissioner of a final determination of a State educational agency under subsection (b) or failure by a local educational agency or State agency to seek timely review by the Commissioner, such local educational agency or State agency refuses to repay from non-Federal sources or from Federal funds no accountability for which is required to the Federal Government funds which have been misspent or misapplied under any program to which this part applies, the State educational agency shall promptly notify the Commissioner and the Commissioner shall promptly initiate collection action. " P A Y M E N T S; AUTHORIZATION

"SEC. 510. (a) The Commissioner is authorized to pay to each State 20 USC 3150. amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this part, except that the total of such payments in any fiscal year shall not exceed— "(1) 1.75 per centum of the amount allocated to the State and its local educational agencies as determined for that year under the programs described in section 501(a): or "(2) $550,000, or $87,500 in the case of Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, or the Northern Marianas, whichever is the greater, but such payment shall not be less than the amount each State received for administration of programs under this Act for fiscal year 1978. "(b)(1) There are authorized to be appropriated such sums as may Appropriation be necessary to carry out the provisions of this part for the fiscal year authorization. 1979 and for each succeeding fiscal year ending prior to October 1, 1983. "(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless— "(A) the amount appropriated under this subsection is sufficient to pay the full amount for which each State is eligible under subsection (a) of this section for that fiscal year, and "(B) the sums appropriated pursuant to this subsection are included in an act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year. "(3) Whenever the requirements of paragraph (2) are not met, each State shall receive payments under section 194 and under section Ante, p. 2196. 404(a)(8) of this Act, for the administration of the programs in accordance with subpart 2 of part C of title I and title IV of this Act, Ante, pp. 2183, and sections 435 and 436 of the General Education Provisions Act. 2229. "(c)(1) The Commissioner is authorized to pay to each State in Payment of addition to the amount authorized under the preceding subsection an additional amount not to exceed 25 per centum of the amount authorized for that amounts. State under the preceding subsection in cases where— "(1) such funds are used solely for purposes of monitoring, audit resolution, enforcement, or other similar activities which

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