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20 U.S.C. § 1221–1 — Use of recovered funds
Federal law — U.S. Code and appendices · legal_authorities
**(a) Repayment to recipient; factors considered** Whenever the Secretary recovers funds paid to a recipient under a grant or cooperative agreement made under an applicable program because the recipient made an expenditure of funds that was not allowable, or otherwise failed to discharge its responsibility to account properly for funds, the Secretary may consider those funds to be additional funds available for that program and may arrange to repay to the recipient affected by that action an amount not to exceed 75 percent of the recovered funds if the Secretary determines that—
(1) the practices or procedures of the recipient that resulted in the violation of law have been corrected, and that the recipient is in all other respects in compliance with the requirements of that program, provided that the recipient was notified of any noncompliance with such requirements and given a reasonable period of time to remedy such noncompliance;
(2) the recipient has submitted to the Secretary 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 misuse of funds that resulted in the recovery; 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 paid.
**(b) Terms and conditions of repayment** Any payments by the Secretary under this section shall be subject to such other terms and conditions as the Secretary considers 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 recipient with students, parents, or rep
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1221–1
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Stable record: federal_law:legal_authorities:record_usc_0fd6acc4eca2f6e5289b1b06
Source file: Laws/federal/codes/united-states-code/title-20/section-12211-use-of-recovered-funds--f07ad165d6.md
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Passage SHA-256: 4de5935f0b474daacb026cc55222cf50e8554840ad0719c88907f36d25c09d97
Source location: Title 20, Chapter 31, § 1221–1; chapter-031-general-provisions-concerning-education.md
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**(a) Repayment to recipient; factors considered** Whenever the Secretary recovers funds paid to a recipient under a grant or cooperative agreement made under an applicable program because the recipient made an expenditure of funds that was not allowable, or otherwise failed to discharge its responsibility to account properly for funds, the Secretary may consider those funds to be additional funds available for that program and may arrange to repay to the recipient affected by that action an amount not to exceed 75 percent of the recovered funds if the Secretary determines that—
(1) the practices or procedures of the recipient that resulted in the violation of law have been corrected, and that the recipient is in all other respects in compliance with the requirements of that program, provided that the recipient was notified of any noncompliance with such requirements and given a reasonable period of time to remedy such noncompliance;
(2) the recipient has submitted to the Secretary 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 misuse of funds that resulted in the recovery; 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 paid.
**(b) Terms and conditions of repayment** Any payments by the Secretary under this section shall be subject to such other terms and conditions as the Secretary considers 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 recipient with students, parents, or representatives of the population that will benefit from the payments.
**(c) Availability of funds** Notwithstanding any other provisions of law, the funds made available under this section shall remain available for expenditure for a period of time deemed reasonable by the Secretary, but in no case to exceed more than three fiscal years following the later of—
(1) the fiscal year in which final agency action under [section 1234a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a/e&num=0&edition=prelim) is taken; or
(2) if such recipient files a petition for judicial review, the fiscal year in which final judicial action under [section 1234g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234g&num=0&edition=prelim) is taken.
**(d) Publication in Federal Register of notice of intent to enter into repayment arrangement** At least 30 days prior to entering into an arrangement under this section, the Secretary shall publish in the Federal Register a notice of intent to enter into such an arrangement and the terms and conditions under which payments will be made. Interested persons shall have an opportunity for at least 30 days to submit comments to the Secretary regarding the proposed arrangement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions for availability of funds to educational agencies or institutions; inspection and review of education records; specific information to be made available; procedure for access to education records; reasonableness of time for such access; hearings; written explanations by parents; definitions**
(1)
(A) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.
(B) No funds under any applicable program shall be made available to any State educational agency (whether or not that agency is an educational agency or institution under this section) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Secretary has reason to believe that any recipient of funds under any applicable program is failing to comply substantially with any requirement of law applicable to such funds, the Secretary may—
(1) withhold further payments under that program, as authorized by [section 1234d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234d&num=0&edition=prelim);
(2) issue a complaint to compel compliance through a cease and desist order of the Office, as authorized by [section 1234e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234e&num=0&edition=prelim);
(3) enter into a compliance agreement with a recipient to bring it into compliance, as authorized by [section 1234f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234f&num=0&edition=prelim); or
(4) take any other action authorized by law with respect to the recipient.
**(b)** Any action, or failure to take action, by the Secretary under this section shall not preclude the Secretary from seeking a recovery of funds under [section 1234a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1234a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1234g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Promulgation by Secretary of national consensus standards and established Federal standards; time for promulgation; conflicting standards** Without regard to chapter 5 of title 5 or to the other subsections of this section, the Secretary shall, as soon as practicable during the period beginning with the effective date of this chapter and ending two years after such date, by rule promulgate as an occupational safety or health standard any national consensus standard, and any established Federal standard, unless he determines that the promulgation of such a standard would not result in improved safety or health for specifically designated employees. In the event of conflict among any such standards, the Secretary shall promulgate the standard which assures the greatest protection of the safety or health of the affected employees.
**(b) Procedure for promulgation, modification, or revocation of standards** The Secretary may by rule promulgate, modify, or revoke any occupational safety or health standard in the following manner:
(1) Whenever the Secretary, upon the basis of information submitted to him in writing by an interested person, a representative of any organization of employers or employees, a nationally recognized standards-producing organization, the Secretary of Health and Human Services, the National Institute for Occupational Safety and Health, or a State or political subdivision, or on the basis of information developed by the Secretary or otherwise available to him, determines that a rule should be promulgated in order to serve the objectives of this chapter, the Secretary may request the recommendations of an advisory committee appointed under [section 656 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section656
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 655
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