20 U.S.C. § 1143
Section 1143 · Federal-State relationships; State agreements
Amended 1 time on record
Any State which desires to receive assistance under an applicable program, as described in subsection (f) of this section, shall enter into an agreement with the Secretary pursuant to subsection (b) of this section setting forth the terms and conditions for the relationship between the Federal Government and that State for the purposes set forth in the applicable programs.
Such agreement shall consist of assurances by the State, including a description of the means to be used by the State to fulfill the assurances, that—
(1) the State will provide for such methods of administration as are necessary for the proper and efficient administration of any program in keeping with the purposes of the applicable programs described in subsection (f) of this section;
(2) the State will provide such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement of, and accounting for, Federal funds paid to the State under any subchapter of this chapter or part C of subchapter I of chapter 34 of title 42;
(3) the State will follow policies and practices of administration that will ensure that non-Federal funds will not be supplanted by Federal funds, and that equitable and appropriate criteria will be used in evaluation of applications or proposals for grants or contracts under any such applicable program; and
(4) the State has a comprehensive planning or policy formulation process which—
(A) considers the relation between State administration of any such applicable program, and administration of similar State programs or processes;
(B) encourages State policies designed to consider effects on declining enrollments on all sectors of postsecondary education in the State;
(C) considers the postsecondary education needs of unserved and underserved individuals within the State, including individuals beyond the traditional college age;
(D) considers the resources of institutions, organizations, or agencies (both public and private) within the State capable of providing postsecondary educational opportunities in the State; and
(E) provides for direct, equitable and active participation in the comprehensive planning or policy formulation process or processes of representatives of institutions of higher education (including community colleges, proprietary institutions, and independent colleges and universities), students, other providers of postsecondary education services, and the general public in the State.
Participation under subclause (E) shall, consistent with State law, be achieved through membership on State planning commissions, State advisory councils, or other State entities established by the State to conduct federally assisted comprehensive planning or policy formulation.
The information and assurances provided by a State in accordance with paragraphs (1), (2), and (3) of subsection (b) of this section, and regulations issued by the Secretary related directly to such assurances, shall be satisfactory for the purposes of, and shall be considered in lieu of, any comparable requirements for information and assurances in any applicable program described in subsection (f) of this section.
(1) An agreement of a State shall remain in effect subject to modification as changes in information or circumstances require.
(2) Whenever the Secretary, after reasonable notice and opportunity for a hearing has been given to the State, finds that there is a failure to comply substantially with the assurances required in paragraph (1), (2), or (3) of subsection (b) of this section, the Secretary shall notify the State that it is no longer eligible to participate in any applicable program described in subsection (f) of this section until the Secretary is satisfied that there is no longer any such failure to comply.
(1) For the purpose of this section, the selection of the State entity or entities authorized to act on behalf of the State for the purpose of entering into an agreement with the Secretary shall be in accordance with the State law of each individual State with respect to the authority to make legal agreements between the State and the Federal Government.
(2)(A) Nothing in this section shall be construed to authorize the Secretary to require any State to adopt, as a condition for entering into an agreement, or for participation in an applicable program as defined in subsection (f) of this section, a specific State organizational structure for achieving participation in the planning, or administration of programs, or for statewide planning, coordination, governing, regulating, or administering of postsecondary education agencies, institutions, or programs in the State.
(B) Nothing in this section shall be construed as a limitation on the authority of any State to adopt a State organizational structure for postsecondary education agencies, institutions, or programs which is appropriate to the needs, traditions, and circumstances of that State, or as a limitation on the authority of a State entering into an agreement pursuant to this section to modify the State organizational structure at any time subsequent to entering into such an agreement.
For the purposes of this section an “applicable program” is defined as—
(1) subchapter I of this chapter;
(2) subpart 31 of part A of subchapter IV of this chapter; and
(3) part A of subchapter VII of this chapter.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Subpart 3 of part A of subchapter IV of this chapter, referred to in subsec. (f)(2), was redesignated subpart 4 and subpart 2 of such part was redesignated subpart 3 by Pub. L. 102 325, title IV, §402(a)(2), July 23, 1992, 106 Stat. 482.
Prior Provisions
A prior section 1143, Pub. L. 89 329, title XII, §1203, formerly title VIII, §803, Nov. 8, 1965, 79 Stat. 1270; renumbered title XII, §1203, Pub. L. 90 575, title II, §251, Oct. 16, 1968, 82 Stat. 1042, provided for delegation of functions by Commissioner of Education and utilization of services and facilities of other agencies, prior to repeal by Pub. L. 91 230, title IV, §401(c)(5), Apr. 13, 1970, 84 Stat. 173. See section 1231 of this title.
A prior section 1203 of Pub. L. 89 329, as added Pub. L. 92 318, title I, §196, June 23, 1972, 86 Stat. 325; amended Pub. L. 94 482, title I, §179, Oct. 12, 1976, 90 Stat. 2166; Pub. L. 96 49, §12, Aug. 13, 1979, 93 Stat. 354, related to comprehensive statewide planning and was classified to section 1142b of this title, prior to repeal by section 1201 of Pub. L. 96 374.
Effective Date
Section effective Oct. 1, 1980, see section 1393(a) of Pub. L. 96 374, set out as an Effective Date of 1980 Amendment note under section 1001 of this title.