 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                   SUBCHAPTER XIV--GENERAL PROVISIONS
 
Part C--Coordination of Programs; Consolidated State and Local Plans and 
                              Applications
 
Sec. 8853. General applicability of State educational agency 
        assurances
        

(a) Assurances

    A State educational agency that submits a consolidated State plan or 
consolidated State application under this chapter, whether separately or 
under section 8852 of this title, shall have on file with the Secretary 
a single set of assurances, applicable to each program for which such 
plan or application is submitted, that provides that--
        (1) each such program will be administered in accordance with 
    all applicable statutes, regulations, program plans, and 
    applications;
        (2)(A) the control of funds provided under each such program and 
    title to property acquired with program funds will be in a public 
    agency, in a nonprofit private agency, institution, or organization, 
    or in an Indian tribe if the law authorizing the program provides 
    for assistance to such entities; and
        (B) the public agency, nonprofit private agency, institution, or 
    organization, or Indian tribe will administer such funds and 
    property to the extent required by the authorizing law;
        (3) the State will adopt and use proper methods of administering 
    each such program, including--
            (A) the enforcement of any obligations imposed by law on 
        agencies, institutions, organizations, and other recipients 
        responsible for carrying out each program;
            (B) the correction of deficiencies in program operations 
        that are identified through audits, monitoring, or evaluation; 
        and
            (C) the adoption of written procedures for the receipt and 
        resolution of complaints alleging violations of law in the 
        administration of such programs;

        (4) the State will cooperate in carrying out any evaluation of 
    each such program conducted by or for the Secretary or other Federal 
    officials;
        (5) the State will use such fiscal control and fund accounting 
    procedures as will ensure proper disbursement of, and accounting 
    for, Federal funds paid to the State under each such program;
        (6) the State will--
            (A) make reports to the Secretary as may be necessary to 
        enable the Secretary to perform the Secretary's duties under 
        each such program; and
            (B) maintain such records, provide such information to the 
        Secretary, and afford access to the records as the Secretary may 
        find necessary to carry out the Secretary's duties; and

        (7) before the plan or application was submitted to the 
    Secretary, the State has afforded a reasonable opportunity for 
    public comment on the plan or application and has considered such 
    comment.

(b) GEPA provision

    Section 1232d of this title shall not apply to programs under this 
chapter.

(Pub. L. 89-10, title XIV, Sec. 14303, as added Pub. L. 103-382, title 
I, Sec. 101, Oct. 20, 1994, 108 Stat. 3895.)
