simplified state application

simplified state application Sec. 511. (a) Section 434 of the General Education Provisions Act is amended by striking out subsection (b) thereof and inserting in lieu thereof the following: “(b) (1) (A) In the case of any State which applies, contracts, or submits a plan, for participation in any applicable program in which Federal funds are made available for assistance, to local educational agencies through, or under the supervision of the State educational agency of that State, such State shall submit to, and maintain on file with, the Commissioner a general application meeting the requirements of this subsection. Such general application shall (i) provide for the submission by the State and approval by the Commissioner of an annual program plan with respect to the particular programs in which the State desires to participate and (ii) provide assurances— “(I) that the State will, through its State educational agency, provide for such methods of administration as are necessary for the proper and efficient administration of the programs to which the general application applies; “(II) that the State will make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the St ates under any applicable program; “(III) that the State will make provision for making such reports as the Commissioner may require to carry out his functions; “(IV) that the State will follow such policies and use such methods and practices of administration as will insure that non-Federal funds will not be supplanted by Federal funds; and “(V) that the State will submit to, and have approved by, the Commissioner an annual program plan in accordance with subparagraph (B). “(B) The annual program plan submitted by any State for any fiscal year with respect to any program to which this paragraph applies shall— “(i) be prepared and administered in a manner consistent with specific State plan requirements of the appropriate applicable statutes affecting the program for which the annual program plan is applicable; “(ii) set forth a statement describing the purposes for which Federal funds will be expended during the fiscal year for which the annual program plan is submitted; and “(iii) comply in all other respects with the specific requirements of the appropriate applicable statutes. “(2) In accordance with determinations and regulations of the Commissioner, the requirements of paragraph (1) shall be in lieu of comparable requirements for State plans tn applicable statutes authorizing appropriations for programs to which paragraph (1) applies, “(3) In the case of any application for assistance under any applicable program to which paragraph (1) does not apply and with respect to which the Commissioner determines that this section would simplify the administration of an applicable program, each such application shall be submitted to the Commissioner at such time, in such manner, and containing such information as the Commissioner shall prescribe by regulation and, as a precondition for approval, shall— “(A) provide for such methods of administration as are necessary for the proper and efficient administration of the program or project for which application is made; 88 Stat. 570 “(B) make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under the application; and “(C) provide for making such reports as the Commissioner may require to carry out his functions. “(c) Whenever the Commissioner, after reasonable notice and an opportunity for hearing, finds that there has been a failure, by any recipient of funds under any applicable program, to comply substantially with the terms to which such recipient has agreed in order to receive such funds, the Commissioner shall notify such recipient that further payments will not be made to such recipient under that program until he is satisfied that such recipient no longer fails to comply with such terms. Until the Commissioner is so satisfied, no further payments shall be made to such recipient. Pending the outcome of any termination proceeding initiated under this paragraph, the Commissioner may suspend payments to such recipient, after such recipient has been given reasonable notice and opportunity to show cause why such action should not be taken. “(d) (1) If any State has submitted an application for funds under any applicable program under which appropriations for such program are, by the applicable statute, allotted or apportioned among the States or under which the State (or local educational agencies in that State) is entitled to a portion of an appropriation therefor and the Commissioner disapproves such application, or if the Commissioner withholds payments to a State under paragraph (1) of subsection (c), that State shall be entitled to judicial review of the actions of the Commissioner in accordance with the provisions of this paragraph. “(2) (A) If any State, under circumstances qualifying for judicial review under this paragraph, desires judicial review of the Commission’s action, such State may, within sixty days 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 such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based the action brought under this division, as provided in section 2112 of title 28, United States Code. “(B) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. “(C) The court shall have jurisdiction to affirm the action of the Commissioner 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. “(e) For the purposes of this section, the term ‘application’ includes— “(1) an application for a grant; “(2) an offer to make a contract; “(3) a State plan for the administration of an applicable program; 88 Stat. 571 “(4) State assurances with respect to the administration of such a program; and “(5) any other methods for seeking Federal funds from the Commissioner of Education j under which an agency, institution, organization, or other organized entity may become the recipient of Federal funds.”. (b) (1) The amendments made by subsection (a) shall be effective on and after July 1, 1974. (2) Nothing in the amendment made by subsection (a) shall be construed to affect, the applicability of chapter 5 of title 5, United States Code, to the Office of Education or actions by the Commissioner.