Page:United States Statutes at Large Volume 98 Part 3.djvu/526

 98 STAT. 2898

PUBLIC LAW 98-558—OCT. 30, 1984

permanently totally disabled as established by sworn affidavit of a qualified physician. "FEDERAL ADMINISTRATION OF STATE PROGRAMS; JUDICIAL REVIEW

20 USC lll9d-8.

"SEC. 569. (a) The Secretary shall not finally disapprove any application for a State program submitted under section 563, or any modification thereof, without first affording the State agency submitting the program reasonable notice and opportunity for a hearing. "(b) Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a State program approved under this part, finds— "(1) that the State program has been so changed that it no longer complies with the provisions of this part, or "(2) that in the administration of the program there is a failure to comply substantially with any such provisions, the Secretary shall notify such State agency that the State will not be regarded as eligible to participate in the program under this part until the Secretary is satisfied that there is no longer any such failure to comply. "(c)(1) If any State is dissatisfied with the Secretary's final action under subsection (b)(1) or (2), such State may appeal to the United States court of appeals for the circuit in which such State is located. The summons and notice of appeal may be served at any place in the United States. The Secretary shall forthwith certify and file in the court the transcript of the proceedings and the record on which the action was based. "(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, 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 any previous action, and shall certify to the court the transcript and record of further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(3) 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. "PART F—NATIONAL TALENTED TEACHER FELLOWSHIP PROGRAM "DECLARATION OF PURPOSE

20 USC iii9e.

"SEC. 571. It is the purpose of this part to establish a national fellowship program for outstanding teachers. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION AMONG STATES

20 USC lll9e-i.

"SEC. 572. There are authorized to be appropriated $1,000,000 for fiscal year 1986, $2,000,000 for fiscal year 1987, $3,000,000 for fiscal year 1988, and $4,000,000 for fiscal year 1989, for fellowships to outstanding teachers under this part. Not more than V-k per centum of these funds shall be used for purposes of administering this part.

�