§1682 — Title 20 Education | U.S. Code

Summary

Federal departments and agencies that give federal money for education programs (by grant, loan, or contract, but not insurance or guaranty) must write general rules to carry out the requirements of section 1681. Any such rule must be consistent with the goals of the program that provides the money and cannot take effect until the President approves it. If a recipient breaks a rule, the agency can stop or refuse funds for that specific recipient and only for the specific program or part involved after a formal finding on the record and a chance for a hearing. Agencies may also use other legal remedies. Before acting, the agency must tell the people involved and try to gain voluntary compliance. If funds are cut off, the agency head must send a full written report to the House and Senate committees that oversee the program. The cut-off cannot take effect until thirty days after that report is filed.

Title 20, §1682

Education — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Executive Documents

Delegation of Functions Functions of President relating to approval of rules,

Regulations

, and orders of general applicability under this section, delegated to Attorney General, see section 1–102 of Ex. Ord. No. 12250, Nov. 2, 1980, 45 F.R. 72995, set out under section 2000d–1 of Title 42, The Public Health and Welfare.

§1682 Federal administrative enforcement; report to Congressional committees

Summary

Title 20, §1682

Notes & Related Subsidiaries

Executive Documents

Regulations

Citations & Metadata