Pub. L. 103-382, tit. II, pt. D, sec. 250
ENFORCEMENT.
SEC. 250. ENFORCEMENT. (a) Recovery of Funds.— Section 452 of the Act (20 U.S.C. 1234a) is amended— (1) in the first sentence of paragraph (2) of subsection (a), by striking “stating” and all that follows through the end of such sentence and inserting “establishing a prima facie case for the recovery of funds, including an analysis reflecting the value of the program services actually obtained in a determination of harm to the Federal interest.”; (2) in the first sentence of paragraph (1) of subsection (b), by striking “30” and inserting “60”; and (3) in subsection (d), by— (A) striking “(d) Upon” and inserting “(d)(1) Upon”; and (B) adding at the end the following new paragraph: “(2) During the conduct of such review, there shall not be any ex parte contact between the Secretary and individuals representing the Department or the recipient.”. 108 STAT. 3927 (b) Use of Recovered Funds.— Section 459 of the Act (20 U.S.C. 1234h) is amended— (1) in paragraph (1) of subsection (a), by inserting “, provided that the recipient was notified of any noncompliance with such requirements and given a reasonable period of time to remedy such noncompliance” before the semicolon; and (2) by amending subsection (c) to read as follows: “(c) 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 452(e) is taken; or “(2) if such recipient files a petition for judicial review, the fiscal year in which final judicial action under section 458 is taken.”.