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20 U.S.C. § 1682Federal administrative enforcement; report to Congressional committees

submitted 54 years ago by Pub. L. 92-318 to r/title-20-EDUCATION · 346 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section directs Federal agencies that provide most forms of education assistance to enforce the education nondiscrimination rule through approved rules or orders. It limits termination of assistance to the recipient and program involved and requires notice, a chance to be heard, and a report to Congress.

Each Federal department or agency authorized to provide education-program assistance by grant, loan, or contract other than insurance or guaranty contracts must carry out section 1681 for those programs by issuing generally applicable rules, regulations, or orders consistent with the assistance law’s objectives. The President must approve them before they take effect. Compliance may be enforced by ending or refusing assistance to a recipient after an on-record finding, following an opportunity for a hearing, that the recipient failed to comply; the action must be limited to that recipient and the particular program or part where the failure occurred. It may also be enforced by another legally authorized method. Before acting, the agency must tell the appropriate person about the failure and determine that voluntary compliance cannot be obtained. If assistance is ended or refused, the agency head must send the House and Senate committees with jurisdiction a full written report of the circumstances and grounds. The action cannot take effect until 30 days after that report is filed.
the actual law source: uscode.house.gov ↗public domain

Each Federal department and agency which is empowered to extend Federal financial assistance to any education program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 1681 of this title with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the Federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

Source credit: (Pub. L. 92–318, title IX, § 902, June 23, 1972, 86 Stat. 374.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-318 · 86 Stat. 374

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-318 on 1972-06-23.

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