20 U.S.C. § 7846 — Other general assurances

submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 396 words · no verdicts yet

in plain englishAI-generated · not legal advice

Any applicant besides a state agency must file one set of promises with the state. These promises cover following the law, handling funds properly, and reporting honestly. One specific GEPA reporting rule does not apply here.

(a) Assurances. Any applicant other than a State educational agency that submits a plan or application under this chapter must keep one single set of promises ("assurances") on file with the State educational agency. These assurances apply to every program the plan or application covers, and they must state that: (1) Each program will be run according to all the laws, regulations, plans, and applications that apply to it. (2) (A) Any money provided under the program, and any property bought with that money, will be controlled by a public agency or an eligible private agency, institution, organization, or Indian tribe — whichever the law authorizing the program allows to receive assistance. (B) That agency, institution, organization, or tribe will manage the funds and property the way the authorizing law requires. (3) The applicant will use proper methods to run each program, including: (A) enforcing any legal obligations on the agencies, institutions, organizations, and other recipients responsible for the program; and (B) fixing problems found through audits, monitoring, or evaluations. (4) The applicant will cooperate with any evaluation of the program done by or for the State educational agency, the Secretary, or other federal officials. (5) The applicant will use fiscal controls and accounting procedures that make sure federal money is properly paid out and accounted for. (6) The applicant will (A) send reports to the State educational agency — which must share them with the Governor — and to the Secretary, whenever either requires them, and (B) keep records, give information, and allow access to records that the State educational agency (after talking with the Governor) or the Secretary reasonably needs. (7) Before submitting the application, the applicant gave the public a real chance to comment on it, and actually considered those comments. (b) GEPA provision. One specific rule — section 442 of the General Education Provisions Act (20 U.S.C. 1232e) — does not apply to programs under this chapter.

the actual law source: uscode.house.gov ↗public domain

(a) Assurances

Any applicant, other than a State educational agency that submits a plan or application under this chapter, shall have on file with the State educational agency a single set of assurances, applicable to each program for which a plan or application is submitted, that provides that—

(1)

each such program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;

(2)

(A)

the control of funds provided under each such program and title to property acquired with program funds will be in a public agency or in a 1 eligible private agency, institution, organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and

(B)

the public agency, eligible private agency, institution, or organization, or Indian tribe will administer the funds and property to the extent required by the authorizing statutes;

(3)

the applicant will adopt and use proper methods of administering each such program, including—

(A)

the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and

(B)

the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation;

(4)

the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials;

(5)

the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program;

(6)

the applicant will—

(A)

submit such reports to the State educational agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such program; and

(B)

maintain such records, provide such information, and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and

(7)

before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment.

(b) GEPA provision

Section 442 of the General Education Provisions Act [20 U.S.C. 1232e] shall not apply to programs under this chapter.

Source credit: (Pub. L. 89–10, title VIII, § 8306, formerly title IX, § 9306, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1971; renumbered title VIII, § 8306, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(3), (b)(2), 8012, Dec. 10, 2015, 129 Stat. 2088, 2089, 2102.)

history & why it existsrecord from the source credit

2002Enacted · Pub. L. 89-10 · 115 Stat. 1971
2015Amended · Pub. L. 114-95 · 129 Stat. 2088, 2089, 2102

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.

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