14 1 ments thereon as the State agency designated pursuant 2 3 4 5 to section 8 (a) and the chief executive officer of the State deem appropriate. TREATMENT OF FEDERALLY CONNECTED CHILDREN SEC. 10. The State agency designated pursuant to sec6 tion 8 (a) shall provide that children attending school within 7 the State who reside with a parent on Federal property, 8 who reside with a parent employed on Federal property, 9 or have a parent who is a member of the uniformed services 10 will receive public elementary or secondary education on a 11 basis comparable to that provided to other children in the 12 State. SPECIAL PAYMENTS BY THE SECRETARY SEC. 11. (a) From the sums appropriated for any fiscal year pursuant to section 3 (a), the Secretary may reserve not in excess of 10 per centum for use under this section. (b) Funds reserved under subsection (a) shall be available to the Secretary for making payments to any State to assist it in carrying out activities described in section 4 which are designed to further the achievement of national policy objectives in the field of education. RECOVERY OF FUNDS SEC. 12. (a) If the Secretary determines that a State has failed to comply substantially with the provisions of this Act, he shall 15 (1) refer the matter to the Attorney General of the United States with a recommendation that an ap propriate civil action be instituted; or (2) after reasonable notice and opportunity for hearing to the State agency designated pursuant to section 8 (a), notify the State that if corrective action is not taken within sixty days from the date of such notification, revenues shared with it will be reduced in the same or succeeding fiscal year by an amount equal to the amount of funds which were not expended in accordance with the provisions of this Act; or law. (3) take such other action as may be provided by (b) When a matter is referred to the Attorney General pursuant to subsection (a) (1) of this section, the Attorney General may bring civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief. (c) (1) Any State which receives notice, under subsection (a) (2), of reduction of revenues shared may, within sixty days after receiving such notice, file with the United States court of appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the Secretary's action. The petitioner shall forthwith transmit copies of the 16 1 petition to the Secretary and the Attorney General of the 2 United States, who shall represent the Secretary in litigation. 3 4 (2) The Secretary shall file in the court the record of the proceeding on which he based his action, as provided in 5 section 2112 of title 28, United States Code. No objection 6 to the action of the Secretary shall be considered by the 7 court unless such objection has been urged before the 8 Secretary. 9 (3) The court shall have jurisdiction to affirm or mod10 ify the action of the Secretary or to set it aside in whole or 11 in part. The findings of fact by the Secretary, if supported 12 by substantial evidence on the record considered as a whole, 13 shall be conclusive. The court may order additional evidence 14 to be taken by the Secretary, and to be made part of the 15 record. The Secretary may modify his findings of fact, or 16 make new findings, by reason of the new evidence so taken 17 and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of 19 fact shall be conclusive if supported by substantial evidence 20 on the record considered as a whole, and shall also file his 21 recommendations, if any, for the modification or setting aside 22 of his original action. 18 23 (4) Upon the filing of the record with the court, the 24 jurisdiction of the court shall be exclusive and its judg25 ment shall be final, except that the same shall be subject to 17 1 review by the Supreme Court of the United States upon writ 2 of certiorari or certification as provided in section 1254 of 3 title 28, United States Code. 4 5 CIVIL RIGHTS SEC. 13. Revenues shared under this Act shall be 6 considered as Federal financial assistance within the mean7 ing of title VI of the Civil Rights Act of 1964 (42 U.S.C. 8 2000d). 9 10 ADVANCE FUNDING SEC. 14. To the end of affording the responsible State, 11 local, and Federal officers concerned adequate notice of avail12 able Federal financial assistance under this Act, appropria13 tions for carrying out this Act are authorized to be included 14 in the appropriation Act for the fiscal year preceding the 15 fiscal year for which they are available for obligation. In 16 order to effect a transition to this method of timing appro17 priation action, the preceding sentence shall apply notwith18 standing that its initial application will result in the enact19 ment in the same year (whether in the same appropriation 90 Act or otherwise) of appropriations for each of two con91 spentive fiscal years. 99 LABOR STANDARDS Sec. 15. All laborers and mechanics employed by con24 tractors or subcontractors in any construction which is feder95 ally assisted, which shall include revenues shared, under this 18 1 Act shall be paid wages at rates not less than those prevail2 ing on similar construction in the locality as determined 3 by the Secretary of Labor in accordance with the Davis4 Bacon Act, as amended (40 U.S.C. 276a-276a-5). The 5 Secretary of Labor shall have, with respect to such labor 6 standards, the authority and functions set forth in Reor7 ganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 8 Stat. 1267) and section 2 of the Act of June 13, 1934, 9 as amended (40 U.S.C. 276c). 10 11 ANNUAL REPORT SEC. 16. The Secretary shall make an annual report to 12 the President and the Congress pertaining to the effective 13 ness of assistance under this Act in meeting the educational 14 needs of children and adults. 15 16 17 AVAILABILITY OF SHARED REVENUES FOR PAYING NON-FEDERAL SHARE UNDER OTHER PROGRAMS SEC. 17. Payments made pursuant to this Act shall be 18 available, subject to the provisions of this Act, for paying 19 the non-Federal share of expenditures under other Federal 20 programs. 21 RECORDS, AUDITS, AND REPORTS 22 SEC. 18. (a) All revenues shared with States under 23 this Act shall be property accounted for as Federal funds in 24 the accounts of such recipients. 25 (b) In order to assure that revenues shared under this |