 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
             SUBCHAPTER X--PROGRAMS OF NATIONAL SIGNIFICANCE
 
                     Part C--Public Charter Schools
 
   subpart 2--credit enhancement initiatives to assist charter school 
           facility acquisition, construction, and renovation
 
Sec. 8071h. Recovery of funds


(a) In general

    The Secretary, in accordance with chapter 37 of title 31, shall 
collect--
        (1) all of the funds in a reserve account established by an 
    eligible entity under section 8071d(a) of this title if the 
    Secretary determines, not earlier than 2 years after the date on 
    which the entity first received funds under this subpart, that the 
    entity has failed to make substantial progress in carrying out the 
    purposes described in section 8071d(a) of this title; or
        (2) all or a portion of the funds in a reserve account 
    established by an eligible entity under section 8071d(a) of this 
    title if the Secretary determines that the eligible entity has 
    permanently ceased to use all or a portion of the funds in such 
    account to accomplish any purpose described in section 8071d(a) of 
    this title.

(b) Exercise of authority

    The Secretary shall not exercise the authority provided in 
subsection (a) of this section to collect from any eligible entity any 
funds that are being properly used to achieve one or more of the 
purposes described in section 8071d(a) of this title.

(c) Procedures

    The provisions of sections 451, 452, and 458 of the General 
Education Provisions Act [20 U.S.C. 1234, 1234a, 1234g] shall apply to 
the recovery of funds under subsection (a) of this section.

(d) Construction

    This section shall not be construed to impair or affect the 
authority of the Secretary to recover funds under part D of the General 
Education Provisions Act (20 U.S.C. 1234 et seq.).

(Pub. L. 89-10, title X, Sec. 10329, as added Pub. L. 106-554, 
Sec. 1(a)(1) [title III, Sec. 322(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 
2763A-60.)

                       References in Text

    The General Education Provisions Act, referred to in subsec. (d), is 
title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as amended. Part 
D of the Act is classified generally to subchapter IV (Sec. 1234 et 
seq.) of chapter 31 of this title. For complete classification of this 
Act to the Code, see section 1221 of this title and Tables.
