PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3927 (b) USE OF RECOVERED FUNDS.— Section 459 of the Act (20 U.S.C. 1234h) is amended— (1) in paragraph (1) of subsection (a), by inserting ", provided that the recipient was notified of any noncompliance with such requirements and given a reasonable period of time to remedy such noncompliance" before the semicolon; and (2) by amending subsection (c) to read as follows: "(c) Notwithstanding any other provisions of law, the funds made available under this section shall remain available for expenditure for a period of time deemed reasonable by the Secretary, but in no case to exceed more than three fiscal years following the later of— "(1) the fiscal year in which final agency action under section 452(e) is taken; or "(2) if such recipient files a petition for judicial review, the fiscal year in which final judicial action under section 458 is taken.". PART E—TECHNICAL AND CONFORMING AMENDMENTS SEC. 261. TECHNICAL AND CONFORMING AMENDMENTS. (a) PAYMENTS.— Section 423 of the Act (as redesignated by section 212(b)(l)) (20 U.S.C. 1226a-1) is amended by striking "Commissioner^' and inserting "Secretary". (b) PROGRAM PLANNING AND EVALUATION. —Section 426 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1228) is amended— (1) by striking "title I of and all that follows through "Congress)" and inserting "title VIII of the Elementary and Secondary Education Act of 1965"; and (2) by striking "subparagraph (C) of section 3(d)(2) or section 403(1)(C) of that Act" and inserting "subsections (d) and (g) of section 8003 of such Act or residing on property described in section 8013(10) of such Act". (c) HEADING FOR PART C.The heading for part C of the Act (20 U.S.C. 1230 et seq.) is amended by striking "COMMISSIONER OF EDUCATION" and inserting "SECRETARY". (d) SECTION 439.—Section 439 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232b) is amended by striking "Except for emergency relief under section 7 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), all laborers" and inserting "All laborers". (e) SECTION 440. — (1) AMENDMENT TO HEADING.— The heading for section 440 of the Act (as redesignated by section 212(b)(l)) (20 U.S.C. 1232c) is amended by striking "EDUCATIONAL". (2) AMENDMENT TO TEXT.— Section 440 of the Act (as redesignated by section 212(b)(l)) (20 U.S.C. 1232c) is amended— (A) by striking "Commissioner" each place such term appears and inserting "Secretary"; (B) by redesignating the matter following paragraph (3) of subsection (b) as subsection (c); and (C) in subsection (c) (as redesignated by subparagraph (B)), by striking "paragraph (3)" and inserting "subsection (b)(3)".
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