Page:United States Statutes at Large Volume 95.djvu/507

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 481

(b) Upon submission to a State of a notice under subsection (a) that the Secretary is withholding pa3mients, the Secretary shall take such action as may be necessary to bring his action to the attention of the public within the State. JUDICIAL REVIEW

SEC. 593. (a) If any State is dissatisfied with the Secretary's action 20 USC 3873. under section 592(a), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The filing of such petition shall act to suspend any withholding of funds by the Secretary pending the judgment of the court and prior to a final action on any review of such judgment. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. (b) A State educational agency shall be presumed to have complied with this subtitle, but the findings of fact by the Secretary, if supported by the weight of evidence, may overcome such presumption. The court may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. (c) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The 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. AVAILABILITY OF APPROPRIATIONS

SEC. 594. Notwithstanding any other provision of law, unless 20 USC 3874. expressly in limitation of this section, funds appropriated in any fiscal year to carry out activities under this subtitle shall become available for obligation on July 1 of such fiscal year and shall remain available for obligation until the end of the succeeding fiscal year. DEFINITIONS

SEC. 595. (a) Except as otherwise provided herein as used in this 20 USC 3875. subtitle— (1) the term "State" means a State, Puerto Rico, Guam, the District of Columbia, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands; (2) the term "Secretary" means the Secretary of Education; (3) the term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools; (4) the term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term includes any other public institution or agency having

�