9 17 basis, services similar to those provided from the funds made available under subsection (b), (c), or (d) of section 4 to public school children within such State; and (2) pay the cost thereof out of that portion of the allotment to such State for carrying out each such subsection. STATE ADMINISTRATION SEC. 9. (a) The chief executive officer of a State shall 10 be the State agency responsible for administration (or super11 vision of the administration) of the program under this Act 12 in such State, except that a specified single State agency 13 shall be responsible for such administration (or supervision 14 of administration) if such officer determines that the law of 15 such State so provides. Section 204 of the Intergovernmental 16 Cooperation Act of 1968 (42 U.S.C. 4214) shall apply to 17 the preceding sentence. 18 (b) The State agency designated under subsection (a) 19 shall, for each fiscal year, develop and publish a plan for 20 the distribution of funds available therefor under section 21 5(b) (8) and under section 5 (c), and for the expenditure 22 of funds retained under section 5 (b) (2) and under section 23 5(c) (1) for use by such State agency or distributed under 24 section 5 (c) (2) for use by local educational agencies. Such 18 1 plan shall include estimates of the amounts which will be paid 2 3 4 to each local educational agency in such State for such year (A) under subsection (a) or (b) of section 5, and (B) from that portion of such State's allotment derived from 5 clause (2) (A), (2) (B), or (2) (C) of section 5 (d). Such 6 plan shall not finally be adopted by such State agency until 7 a reasonable opportunity has been given to interested persons 8 for comment thereon. 9 10 TREATMENT OF FEDERALLY CONNECTED CHILDREN SEC. 10. The State agency designated under section 11 9(a) shall provide that children attending school within the 12 State who reside with a parent on Federal property will re13 ceive public elementary or secondary education on a basis 14 comparable to that provided to other children in the State. 16 SEC. 11. In order to qualify for any payment under this 17 Act from appropriations for any year, a State, or a local 18 educational agency, must establish to the satisfaction of the 19 Secretary that, with respect to such appropriations and pay 24 ments therefrom, it will use such payments only for the purposes for which made and will otherwise comply with the applicable provisions of this Act and regulations thereunder. REMEDIES FOR NONCOMPLIANCE SEC. 12. (a) If the Secretary, after reasonable notice 25 and opportunity for hearing to the State agency designated 19 1 under section 9 (a), finds that a State has failed to comply 2 substantially with any provision of this Act, the Secretary, 3 until he is satisfied that there is no longer any such failure 4 to comply, shall 5 6 7 8 9 10 11 122 13 (1) terminate payments to such State under this Act, or (2) reduce payments under this Act by an amount equal to the amount of such payments which were not expended in accordance with this Act, or (3) limit the availability of payments under this Act to programs, projects, or activities not affected by such failure to comply. (b) (1) In lieu of, or in addition to, any action author14 ized by subsection (a), the Secretary may, if he has reason 15 to believe that a State has failed to comply substantially with 16 any provision of this Act, refer the matter to the Attorney 17 General of the United States with a recommendation that an 18 appropriate civil action be instituted. 19 (2) Upon such a referral the Attorney General may 20 bring a civil action in any United States district court having 21 venue thereof for such relief as may be appropriate, includ22 ing an action to recover revenues shared under this Act 23 which were not expended in accordance with it, or for manda24 tory or injunctive relief. 25 (c) (1) Any State which receives notice, under sub 20 1 section (a), of the termination, reduction, or limitation of 2 revenues shared may, within sixty days after receiving such 3 notice, file with the United States court of appeals for the 4 circuit in which such State is located, or in the United States 5 Court of Appeals for the District of Columbia, a petition for 6 review of the Secretary's action. The petitioner shall forth7 with transmit copies of the petition to the Secretary and the 8 Attorney General of the United States, who shall represent 9 the Secretary in the litigation. 10 (2) The Secretary shall file in the court the record of 11 the proceeding on which he based his action, as provided in 12 section 2112 of title 28, United States Code. No objection to 13 the action of the Secretary shall be considered by the court 14 unless such objection has been urged before the Secretary. 15 (3) The court shall have jurisdiction to affirm or 16 modify the action of the Secretary or to set it aside in whole 17 or in part. The findings of fact by the Secretary, if sup18 ported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional 20 evidence to be taken by the Secretary, and to be made part 21 of the record. The Secretary may modify his findings of 22 fact, or make new findings, by reason of the new evidence 23 so taken and filed with the court, and he shall also file such 19 24 modified or new findings, which findings with respect to 25 questions of fact shall be conclusive if supported by sub 21 1 stantial evidence on the record considered as a whole, and 2 shall also file his recommendations, if any, for the modifica 3 tion or setting aside of his original action. 4 (4) Upon the filing of the record with the court, the 5 jurisdiction of the court shall be exclusive and its judgment 6 shall be final, except that such judgment shall be subject to 7 review by the Supreme Court of the United States upon 8 writ of certiorari or certification as provided in section 1254 9 of title 28, United States Code. 10 11 CIVIL RIGHTS SEC. 13. Revenues shared under this Act shall be sub12 ject to title VI of the Civil Rights Act of 1964 (42 U.S.C. 13 2000d) and title IX of the Education Amendments of 1972 16 17 SEC. 14. To the end of affording the responsible State, local, and Federal officers adequate notice of available Fed18 cral financial assistance under this Act, appropriations for 19 20 21 222 23 carrying out this Act for any fiscal year are authorized to be included in the appropriation Act for the fiscal year preceding such fiscal year. In order to effect a transition to this method of timing appropriation action, the preceding sen tence shall apply notwithstanding that its initial application 24 will result in the enactment in the same year (whether in 95-545 O 73 pt. 1 8 |