US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 20USC1232]

 
                           TITLE 20--EDUCATION
 
           CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
 
SUBCHAPTER III--GENERAL REQUIREMENTS AND CONDITIONS CONCERNING OPERATION 
AND ADMINISTRATION OF EDUCATION PROGRAMS: GENERAL AUTHORITY OF SECRETARY
 
          Part 2--Administration: Requirements and Limitations
 
Sec. 1232. Regulations


(a) ``Regulation'' defined

    For the purpose of this section, the term ``regulation'' means any 
generally applicable rule, regulation, guideline, interpretation, or 
other requirement that--
        (1) is prescribed by the Secretary or the Department; and
        (2) has legally binding effect in connection with, or affecting, 
    the provision of financial assistance under any applicable program.

(b) Citation of authority

    Regulations shall contain, immediately following each substantive 
provision of such regulations, citations to the particular section or 
sections of statutory law or other legal authority on which such 
provision is based.

(c) Uniform application

    All regulations shall be uniformly applied and enforced throughout 
the 50 States.

(d) Application of exemption

    The exemption for public property, loans, grants and benefits in 
section 553(a)(2) of title 5 shall apply only to regulations--
        (1) that govern the first grant competition under a new or 
    substantially revised program authority as determined by the 
    Secretary; or
        (2) where the Secretary determines that the requirements of this 
    subsection will cause extreme hardship to the intended beneficiaries 
    of the program affected by such regulations.

(e) Schedule for promulgation of final regulations

    Not later than 60 days after the date of enactment of any Act, or 
any portion of any Act, affecting the administration of any applicable 
program, the Secretary shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee on Labor and 
Human Resources of the Senate a schedule in accordance with which the 
Secretary plans to promulgate final regulations that the Secretary 
determines are necessary to implement such Act or portion of such Act. 
Such schedule shall provide that all such final regulations shall be 
promulgated within 360 days after the date of enactment of such Act or 
portion of such Act.

(f) Transmittal of final regulations

    Concurrently with the publication of any final regulations, the 
Secretary shall transmit a copy of such final regulations to the Speaker 
of the House of Representatives and the President pro tempore of the 
Senate.

(Pub. L. 90-247, title IV, Sec. 437, formerly Sec. 421, as added Pub. L. 
91-230, title IV, Sec. 401(a)(10), Apr. 13, 1970, 84 Stat. 169; 
renumbered Sec. 431, Pub. L. 92-318, title III, Sec. 301(a)(1), June 23, 
1972, 86 Stat. 326; amended Pub. L. 93-380, title V, Sec. 509(a), Aug. 
21, 1974, 88 Stat. 566; Pub. L. 94-142, Sec. 7, Nov. 29, 1975, 89 Stat. 
796; Pub. L. 94-482, title IV, Sec. 405, Oct. 12, 1976, 90 Stat. 2231; 
Pub. L. 96-374, title XIII, Sec. 1302, Oct. 3, 1980, 94 Stat. 1497; Pub. 
L. 97-35, title V, Sec. 533(a)(3), Aug. 13, 1981, 95 Stat. 453; 
renumbered Sec. 437 and amended Pub. L. 103-382, title II, 
Secs. 212(b)(1), 247, Oct. 20, 1994, 108 Stat. 3913, 3923; Pub. L. 103-
437, Sec. 7(a)(1), Nov. 2, 1994, 108 Stat. 4587.)


                            Prior Provisions

    A prior section 437 of Pub. L. 90-247 was renumbered section 443, 
and is classified to section 1232f of this title.
    Another prior section 437 of Pub. L. 90-247 was renumbered section 
406A, and was classified to section 1221e-1a of this title prior to 
repeal by Pub. L. 103-382.
    Another prior section 437 of Pub. L. 90-247 was renumbered section 
447, and was classified to section 1233f of this title prior to repeal 
by Pub. L. 103-382.


                               Amendments

    1994--Pub. L. 103-437, which directed that section 431(b)(2)(B), 
(d)(2), and (g) of Pub. L. 90-247 be amended by substituting ``Labor and 
Human Resources'' for ``Labor and Public Welfare'', could not be 
executed because this section, which was section 431 of Pub. L. 90-247, 
was renumbered section 437 and amended generally by Pub. L. 103-382.
    Pub. L. 103-382, Sec. 247, amended section generally. Prior to 
amendment, section consisted of subsecs. (a) to (g) relating to 
promulgation of regulations by Secretary, and their publication, 
application, disapproval by Congress, and modification subsequent to 
disapproval.
    1981--Subsec. (d)(1). Pub. L. 97-35 substituted ``final regulation 
(except expected family contribution schedules and any amendments 
thereto promulgated pursuant to sections 1078(a)(2)(D) and (E) and 
1089(a)(1) of this title) as required'' for ``final regulation as 
required''.
    1980--Subsec. (d)(1). Pub. L. 96-374 inserted ``, in whole or in 
part'' after ``disapprove such final regulation''.
    1976--Subsec. (a). Pub. L. 94-482, Sec. 405(a), added par. (1), 
designated existing provisions which constituted entire subsec. (a) as 
par. (2) and, as so redesignated, struck out applicability to rules, 
guidelines, interpretations, or orders.
    Subsec. (b)(1). Pub. L. 94-482, Sec. 405(b)(1), substituted 
``proposed regulation'' for ``standard, rule, regulation, or requirement 
of general applicability''.
    Subsec. (b)(2)(A). Pub. L. 94-482, Sec. 405(b)(2), substituted 
``regulation'' for ``standard, rule, regulation, or general 
requirement'' in two places.
    Subsec. (c). Pub. L. 94-482, Sec. 405(c), struck out applicability 
to rules, guidelines, interpretations, or orders.
    Subsec. (d)(1). Pub. L. 94-482, Sec. 405(d)(1), (2), struck out 
applicability to standards, rules, requirements, or requirements of 
general applicability.
    Subsec. (d)(2). Pub. L. 94-482, Sec. 405(d)(3), substituted 
``regulation'' for ``standard, rule, regulation, or requirement'' 
wherever appearing.
    Subsec. (e). Pub. L. 94-482, Sec. 405(e), substituted ``regulation'' 
for ``standard, rule, regulation, or requirement'' wherever appearing 
and ``final regulation'' for ``proposed standard, rule, regulation, or 
requirement of general applicability''.
    Subsec. (g). Pub. L. 94-482, Sec. 405(f), substituted ``final 
regulations'' for ``rules, regulations, and guidelines'' wherever 
appearing.
    1975--Subsec. (d)(1). Pub. L. 94-142, Sec. 7(a)(1), (b), inserted 
``final'' before ``standard'' wherever appearing in existing provisions 
and inserted provisions covering the effect of the failure of Congress 
to adopt the concurrent resolution with respect to any final standard, 
rule, regulation, or requirement.
    Subsec. (d)(2). Pub. L. 94-142, Sec. 7(a)(2), (3), substituted 
``objection to the final standard'' for ``objection to the proposed 
standard'', ``effective date of the final standard'' for ``effective 
date of the standard'', and ``In no event shall the final standard'' for 
``In no event shall the standard''.
    1974--Subsec. (b). Pub. L. 93-380, Sec. 509(a)(1), designated 
existing provisions as par. (1) and added par. (2).
    Subsecs. (d) to (g). Pub. L. 93-380, Sec. 509(a)(2), added subsecs. 
(d) to (g).

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1981 Amendment

    Section 540(a) of Pub. L. 97-35 provided that the amendment made by 
Pub. L. 97-35 is effective Oct. 1, 1981.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section 
1393(a) of Pub. L. 96-374, set out as a note under section 1001 of this 
title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-482 effective 30 days after Oct. 12, 1976, 
except either as specifically otherwise provided or, if not so 
specifically otherwise provided, effective July 1, 1976, for those 
amendments providing for authorization of appropriations, see section 
532 of Pub. L. 94-482, set out as a note under section 1001 of this 
title.


                    Effective Date of 1975 Amendment

    Section 8 of Pub. L. 94-142 provided that:
    ``(a) Notwithstanding any other provision of law, the amendments 
made by sections 2(a), 2(b), and 2(c) [amending sections 1411 and 1412 
of this title as in effect through Sept. 30, 1977, and amending 
provisions set out as notes under sections 1411 to 1413 of this title] 
shall take effect on July 1, 1975.
    ``(b) The amendments made by sections 2(d), 2(e), 3, 6, and 7 
[enacting sections 1405 and 1406 of this title, amending this section 
and sections 1412 and 1453 of this title, enacting provisions set out as 
a note under section 1411 of this title, and amending provisions set out 
as a note under section 1401 of this title] shall take effect on the 
date of the enactment of this Act [Nov. 29, 1975].
    ``(c) The amendments made by sections 4 and 5(a) [enacting sections 
1415 to 1420 of this title and amending sections 1401, 1411, 1412, 1413, 
and 1414 of this title] shall take effect on October 1, 1977, except 
that the provisions of clauses (A), (C), (D), and (E) of paragraph (2) 
of section 612 of the Act [section 1412 of this title], as amended by 
this Act, section 617(a)(1)(D) of the Act [section 1417(a)(1)(D) of this 
title], as amended by this Act, section 617(b) of the Act [section 
1417(b) of this title], as amended by this Act, and section 618(a) of 
the Act [section 1418(a) of this title], as amended by this Act, shall 
take effect on the date of the enactment of this Act [Nov. 29, 1975].
    ``(d) The provisions of section 5(b) [amending section 1411 of this 
title and enacting provisions set out as notes under section 1411 of 
this title] shall take effect on the date of the enactment of this Act 
[Nov. 29, 1975].''


                    Effective Date of 1974 Amendment

    Section 509(b) of Pub. L. 93-380 provided that: ``The amendment made 
by paragraph (2) of subsection (a) [amending this section] shall be 
effective on the date of enactment of this [Aug. 21, 1974] and shall be 
effective with respect to the provisions of this Act [see Short Title 
note set out under section 821 of this title].''


                Study and Report on Rules and Regulations

    Pub. L. 92-318, title V, Sec. 503, June 23, 1972, 86 Stat. 346, 
provided for a study by the Commissioner of all rules, regulations, 
etc., in connection with the administration of any program to which the 
General Education Provisions Act [this chapter] applies, with a report 
to be submitted to Congress not later than one year after June 23, 1972. 
Such section further mandated the publication of all rules, regulations, 
etc., in the Federal Register not later than 60 days after submission of 
such report, followed by a public hearing on such matters within the 60 
day period following such publication. Such section then required a 
subsequent report to the relevant Congressional Committees on such 
hearings, and a republication of all rules and regulations in the 
Federal Register, such republished rules, etc., to supercede all 
preceding rules and regulations.

                  Section Referred to in Other Sections

    This section is referred to in sections 927, 1087g, 1098a, 9581 of 
this title.