Page:United States Statutes at Large Volume 106 Part 1.djvu/669

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PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 637 tion to the Secretary as may be requested for financial and compliance audits and program evaluation, consistent with the responsibilities of the Secretary. " (4) A description of the relationship between the State postsecondary review entity designated for the purposes of this subpart and (A) the agency or agencies designated for the purposes of chapter 36 of title 38 of the United States Code, (B) the loan insureince program established under section 428(b) of this title for that State, and (C) the grant agency estabhshed under section 415C of this title. "(5) A plan for performing the functions described in section 494C of this subpart. "(c) FEDERAL RESPONSIBILITY.—Notwithstanding any other provision of law, no State shall be required to enter into an agreement with the Secretary under this subpart for performing the review functions required by such agreement unless the Congress appropriates funds for this subpart. SEC. 494B. FEDERAL REIMBURSEMENT OF STATE POSTSECONDARY REVIEW COSTS. "(a) PAYMENTS. — Subject to subsection (b), the Secretary shall reimburse the States for the costs of performing the functions required by agreements with the Secretary authorized under this subpart. Such costs shall include expenses for providing initial ana continuing training to State personnel and other personnel in the State, including personnel at institutions of higher education subject to review, to serve the purposes of this subpart. Reimbursement shall be provided for necessary activities which supplement, but do not supplant, existing hcensing or review functions conducted by the State. The Secretary shall also reimburse such entities for work performed by their subcontractors and consultants where such work has a direct relationship to the requirements of agreements with the Secretsiry under this subpart. "(b) AUTHORIZATION OF APPROPRIATIONS. — For the purpose of enabling the Secretary to make payments to States whicn have made agreements wim the Secretary under this subpart, there is authorized to be appropriated $75,000,000 for fiscal year 1993, and such sums as may be necessary for each of the 4 succeeding fiscal years. 'SEC. 494C. FUNCTIONS OF STATE REVIEW ENTITIES. "(a) INITIAL REVIEW.— The Secretary shall review all institutions of higher education in a State which are eligible or which desire to become eligible under this title to determine if such institutions meet any of the criteria provided in subsection (b). With respect to those institutions of higher education that meet one or more of the criteria provided in subsection (b), the Secretary shall inform the State in which such institutions are located that the institutions have met such criteria, and these institutions shall be reviewed by the State pursuant to the standards provided in subsection (d). The Secretary shall supply the State with a copy of the institutioned audits, required pursuant to section 487(c), for the institutions which shall be reviewed by the State. In addition to those institutions identified by the Secretary, the State may, subject to approval by the Secretary, review additional institutions which meet one or more of the criteria provided in subsection (b), based on more recent data available to the State, or which the State has reason to beUeve are engaged in fraudulent practices. If the 20 USC 1099a-2. 20 USC 1099a-3.