20 U.S.C. § 7846: Other general assurances

Summary

Any applicant, except a State educational agency that files a plan under this chapter, must put one set of promises on file with the State educational agency that covers each program they apply for. Those promises must say the program will be run under the applicable laws, rules, plans, and applications. They must say who will hold and manage the money and property (a public agency or an eligible private agency, institution, organization, or Indian tribe, when the law allows) and that those holders will manage them as the law requires. The promises must also say the applicant will use proper methods to run the program, enforce legal duties, fix problems found by audits or reviews, cooperate with evaluations, keep good financial controls and records, file reports and give access to records when reasonably asked, and that the public had a reasonable chance to comment on the application before it was submitted and that those comments were considered. Section 442 of the General Education Provisions Act (20 U.S.C. 1232e) does not apply to programs under this chapter.

Title 20, §7846

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(a)Assurances

Any applicant, other than a State educational agency that submits a plan or application under this chapter, shall have on file with the State educational agency a single set of assurances, applicable to each program for which a 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 or in a eligible private agency, institution, organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and

(B)the public agency, eligible private agency, institution, or organization, or Indian tribe will administer the funds and property to the extent required by the authorizing statutes;

(3)the applicant 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; and

(B)the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation;

(4)the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials;

(5)the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program;

(6)the applicant will—

(A)submit such reports to the State educational agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such program; and

(B)maintain such records, provide such information, and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and

(7)before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment.

(b)GEPA provision

section 442 of the General Education Provisions Act [20 U.S.C. 1232e] shall not apply to programs under this chapter.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 7851, Pub. L. 89–10, title IX, § 9131, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3790, which related to improvement of educational opportunities for adult Indians, was omitted in the general amendment of former subchapter IX of this chapter by Pub. L. 107–110.

Amendments

2015—Subsec. (a). Pub. L. 114–95, § 8012(1), struck out “whether separately or pursuant to section 7845 of this title,” before “shall have on file” in introductory provisions. Pub. L. 114–95, § 8001(b)(2), made technical amendment to reference in original act which appears in introductory provisions as reference to section 7845 of this title. Subsec. (a)(2). Pub. L. 114–95, § 8012(2), substituted “eligible” for “nonprofit” in subpars. (A) and (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§7846 Other General Assurances