20 U.S.C. § 1232 — Regulations

submitted 56 years ago by Pub. L. 90-247 to r/title-20-EDUCATION · 329 words · no verdicts yet

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This section defines “regulation” as a generally applicable, legally binding requirement issued by the Secretary or Department for an applicable program. It requires authority citations, uniform application, a limited exemption from ordinary rulemaking procedures, a schedule for final rules, and delivery of final rules to Congress.

(a) “Regulation” defined. Here, “regulation” means a generally applicable rule, regulation, guideline, interpretation, or other requirement that (1) the Secretary or Department prescribes and (2) has legally binding effect concerning or affecting financial assistance under an applicable program. This section does not define “legally binding effect.” (b) Authority citations. Each substantive regulation provision must be followed immediately by citations to the statutory or other legal authority supporting it. (c) Uniform application. Regulations must be applied and enforced uniformly throughout the 50 States. (d) Exemption. The public-property, loan, grant, and benefit exemption in 5 U.S.C. 553(a)(2) applies only to regulations (1) governing the first grant competition under a new or substantially revised program authority, as the Secretary determines, or (2) for which the Secretary determines these requirements would cause extreme hardship to the intended beneficiaries. (e) Schedule. Within 60 days after an Act, or part of an Act, affecting administration of an applicable program is enacted, the Secretary must give the House Committee on Education and Labor and Senate Committee on Labor and Human Resources a schedule for final regulations the Secretary finds necessary to implement it. The schedule must provide for issuing all such rules within 360 days after enactment. (f) Transmittal. When publishing final regulations, the Secretary must also send them to the Speaker of the House and the Senate President pro tempore.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

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

history & why it existsrecord from the source credit

1970Enacted · Pub. L. 90-247 · 84 Stat. 169
1972Amended · Pub. L. 92-318 · 86 Stat. 326
1974Amended · Pub. L. 93-380 · 88 Stat. 566
1975Amended · Pub. L. 94-142 · 89 Stat. 796
1976Amended · Pub. L. 94-482 · 90 Stat. 2231
1980Amended · Pub. L. 96-374 · 94 Stat. 1497
1981Amended · Pub. L. 97-35 · 95 Stat. 453
1994Amended · Pub. L. 103-382 · 108 Stat. 3913, 3923
1994Amended · Pub. L. 103-437 · 108 Stat. 4587

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-247 on 1970-04-13.

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