Page:United States Statutes at Large Volume 95.djvu/506

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 480

PUBLIC LAW 97-35—AUG. 13, 1981 REPEALS

20 USC 3863. 20 USC 2881, 2941, 3081, 3141, 3191, 3281, 3311, 3341. 20 USC 1101, 1119a. 21 USC 1001 note. 20 USC 2601 note. Post, p. 508.

SEC. 587. (a) Effective October 1, 1982, the provisions of— (1) titles II, III, IV, V, VI, VIII, and IX (except part C) of the Elementary and Secondary Education Act of 1965; (2) part A and section 532 of title V of the Higher Education Act of 1965; (3) the Alcohol and Drug Abuse Education Act; and (4) the Career Education Incentive Act; are repealed. (b) Effective October 1, 1984, subchapter C of chapter 8 of subtitle A of title VI of this Act, relating to Follow-Through programs is repealed. CHAPTER 3—GENERAL PROVISIONS FEDERAL REGULATIONS

20 USC 3871.

SEC. 591. (a) The Secretary is authorized to issue regulations— (1) relating to the discharge of duties specifically assigned to the Secretary under this subtitle; (2) relating to proper fiscal accounting for funds appropriated under this subtitle and the method of making payments authorized under this subtitle; and (3) which are deemed necessary to reasonably insure that there is compliance with the specific requirements and assurances required by this subtitle. Qo) In all other matters relating to the details of planning, developing, implementing, and evaluating programs and projects by State and local educational agencies the Secretary shall not issue regulations, but may consult with appropriate State, local, and private educational agencies and, upon request, provide technical assistance, information, and suggested guidelines designed to promote the development and implementation of effective instructional programs and to otherwise assist in carrying out the purposes of this subtitle. (c) Regulations issued pursuant to this subtitle shall not have the standing of a Federal statute for the purposes of judicial review. WITHHOLDING OF PAYMENTS

20 USC 3872.

SEC. 592. (a) Whenever the Secretary after reasonable notice to any State educational agency and an opportunity for a hearing on the record, finds that there has been a failure to comply substantially with any assurances required to be given or conditions required to be met under this subtitle the Secretary shall notify such agency of these findings and that beginning sixty days after the date of such notification, further payments will not be made to the State under this subtitle, or affected chapter thereof (or, in his discretion, that the State educational agency shall reduce or terminate further payments under the subtitle or affected chapter thereof, to specified local educational agencies or State agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, (1) no further payments shall be made to the State under the subtitle or affected chapter thereof, or (2) payments by the State educational agency under the subtitle or affected chapter thereof shall be limited to local educational agencies and State agencies not affected by the failure, or (3) payments to particular local educational agencies shall be reduced, as the case may be.