§ 1232. Regulations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Elementary and Secondary Education Amendments of 1967

   Pub. L. 90–247 title IV § 437 · 81 Stat. 783

   Enacted · 20 U.S.C. § 1232

   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

   Source evidence

   Code 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

2. 1974

   Education Amendments of 1974

   Pub. L. 93–380 § 509(a)(1) · [88 Stat. 484]

   1. Amended · 20 U.S.C. § 1232(b)

      Pub. L. 93–380, § 509(a)(1), designated existing provisions as par. (1)

   2. Added · 20 U.S.C. § 1232(b)

      Pub. L. 93–380, § 509(a)(1), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–380, § 509(a)(1), designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   (1) Section 431 (b) of the General Education Provisions 20 USC 1232. Act is amended by inserting “(1)” after “(b)” and by adding at the end thereof the following: “(2) (A) During the thirty-day period prior to the date upon which such standard, rule, regulation, or general requirement is to be effective, the Commissioner shall, in accordance with the provisions of section 553 of title 5, United States Code, offer any interested party an opportunity to make comment upon, and take exception to, such standard, rule, regulation, or general requirement and shall reconsider any such standard, rule, regulation, or general requirement upon which comment is made or to which exception is taken. “(B) If the Commissioner determines that the thirty-day requirement in paragraph (1) will cause undue delay in the implementation of a regulation, thereby causing extreme hardship for the intended beneficiaries of an applicable program, he shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate. If neither committee Waiver. disagrees with the determination of the Commissioner within 10 days after such notice, the Commissioner may waive such requirement with respect to such regulation.”.

3. 1974

   Education Amendments of 1974

   Pub. L. 93–380 § 509(a)(2) · [88 Stat. 484]

   Added · 20 U.S.C. § 1232(d)(g)

   Pub. L. 93–380, § 509(a)(2), added subsecs. (d) to (g)

   Source evidence

   Code amendment note
   Subsecs. (d) to (g). Pub. L. 93–380, § 509(a)(2), added subsecs. (d) to (g).

   Enacted provision · exact public law section
   (2) Section 431 of such Act is amended by adding at the end thereof Ante, p. 566. the following new subsections: “(d) (1) Concurrently with the publication in the Federal Register Transmittal to Speaker of the House and President of the Senate. of any standard, rule, regulation, or requirement of general applicability as required in subsection (b) of this section, such standard, rule, regulation, or requirement shall be transmitted to the Speaker of the House of Representatives and the President of the Senate. Such standard, rule, regulation, or requirement shall become effective Effective date. not less than forty-five days after such transmission unless the Congress shall, by concurrent resolution, find that the standard, rule, regulation, or requirement is inconsistent with the Act from which it derives its authority, and disapprove such standard, rule, regulation, or requirement. “(2) The forty-five-day period specified in paragraph (1) shall be deemed to run without interruption except during periods when either House is in adjournment sine die, in adjournment subject to the call of the Chair, or in adjournment to a day certain for a period of more than four consecutive days. In any such period of adjournment, the forty-five days shall continue to run, but if such period of adjournment is thirty calendar days, or less, the forty-five-day period shall not be deemed to have elapsed earlier than ten days after the end of such adjournment. In any period of adjournment which lasts more than thirty days, the forty-five-day period shall be deemed to have elapsed after thirty calendar days has elapsed, unless, during those thirty calendar days, either the Committee on Education and Labor of the House of Representatives, or the Committee on Labor and Public Welfare of the Senate, or both, shall have directed its chairman, in accordance with said committee’s rules, and the rules of that House, to transmit to the appropriate department or agency head a formal statement of objection to the proposed standard, rule, regulation, or requirement. Such letter shall suspend the effective date of the standard, rule, regulation, or requirement until not less than twenty days after the end of such adjournment, during which the Congress may enact the concurrent resolution provided for in this subsection. In no event shall the standard, ride, regulation, or requirement go into effect until the forty-five-day period shall have elapsed, as provided for in this subsection, for both Houses of the Congress. “(e) Whenever a concurrent resolution of disapproval is enacted by the Congress under the provisions of this section, the agency which issued such standard, rule, regulation, or requirement may thereafter issue a modified standard, rule, regulation, or requirement to govern the same or substantially identical circumstances, but shall, in publishing such modification in the Federal Register and submitting it to the Speaker of the House of Representatives and the President of the Senate, indicate how the modification differs from the proposed standard, rule, regulation, or requirement of general applicability earlier disapproved, and how the agency believes the modification disposes of the findings by the Congress in the concurrent resolution of disapproval. “(f) For the purposes of subsections (d) and (e) of this section, 20 USC 1221d, 1221e. Ante, p. 556. 20 USC 1681. activities under sections 104, 405, and 406 of this title, and under title IX of the Education Amendments of 1972 shall be deemed to be applicable programs. Schedule, submittal to congressional committees.“(g) Not later than sixty days after the enactment of any part of any Act affecting the administration of any applicable program, the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a schedule in accordance with which the Commissioner has planned to promulgate rules, regulations, and guidelines implementing such Act or part of such Act. Such schedule shall provide that all such rules, regulations, and guidelines shall be promulgated within one hundred and eighty days after the submission of such schedule. Except as is provided in the following sentence, all such rules, regulations, and guidelines shall be promulgated in accordance with such schedule. If the Commissioner finds that, due to circumstances unforseen at the time of the submission of any such schedule, he cannot comply with a schedule submitted pursuant to this subsection, he shall notify such committees of such finding and submit a new schedule. If both such committees notify the Commissioner of their approval of such new schedule, such rules, regulations, and guidelines shall be promulgated in accordance with such new schedule.”.

4. 1975

   Education for All Handicapped Children Act of 1975

   Pub. L. 94–142 § 7(a)(1) · 89 Stat. 773

   1. Inserted · 20 U.S.C. § 1232(d)(1)

      Pub. L. 94–142, § 7(a)(1), (b), inserted “final” before “standard” wherever appearing in existing provisions

   2. Inserted · 20 U.S.C. § 1232(d)(1)

      Pub. L. 94–142, § 7(a)(1), (b), 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

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 94–142, § 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.

   Enacted provision · exact public law section
   (1) Section 431(d) (1) of the General Education Provisions Act (20 U.S.C. 1232(d)(1)) is amended by inserting “final” immediately before “standard” each place it appears therein.

5. 1975

   Education for All Handicapped Children Act of 1975

   Pub. L. 94–142 § 7(a)(2) · 89 Stat. 773

   1. Substituted · 20 U.S.C. § 1232(d)(2)

      Pub. L. 94–142, § 7(a)(2), (3), substituted “objection to the final standard” for “objection to the proposed standard”

   2. Substituted · 20 U.S.C. § 1232(d)(2)

      Pub. L. 94–142, § 7(a)(2), (3), substituted “effective date of the final standard” for “effective date of the standard”

   3. Substituted · 20 U.S.C. § 1232(d)(2)

      Pub. L. 94–142, § 7(a)(2), (3), substituted “In no event shall the final standard” for “In no event shall the standard”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 94–142, § 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”.

   Enacted provision · exact public law section
   (2) The third sentence of section 431 (d) (2) of such Act (20 U.S.C. 1232(d)(2)) is amended by striking out “proposed” and inserting in lieu thereof “final”.

6. 1976

   Education Amendments of 1976

   Pub. L. 94–482 § 405(a) · 90 Stat. 2081

   1. Added · 20 U.S.C. § 1232(a)

      Pub. L. 94–482, § 405(a), added par. (1)

   2. Redesignated · 20 U.S.C. § 1232(a)

      Pub. L. 94–482, § 405(a), designated existing provisions which constituted entire subsec. (a) as par. (2) and, as so redesignated

   3. Struck · 20 U.S.C. § 1232(a)

      Pub. L. 94–482, § 405(a), struck out applicability to rules, guidelines, interpretations, or orders

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–482, § 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.

   Enacted provision · exact public law section
   (a) (1) Section 431 of the General Education Provisions Act is amended by striking out “Sec. 431. (a)” and inserting in lieu 20 USC 1232. thereof “(2)” and by inserting immediately alter the section heading the following: “Sec. 431. (a) (1) For the purpose of this section, the term ‘regulation’ means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by the Commissioner.”. (2) (A) Section 431(a)(2) of such Act, as redesignated by this section, is amended by striking out “Rules, regulations, guidelines, or other published interpretations or orders” and inserting in lieu thereof “Regulations”. (B) Such section 431(a)(2) is further amended by striking out “rules, regulations, guidelines, interpretations, or orders” and inserting in lieu thereof “regulations”.

7. 1976

   Education Amendments of 1976

   Pub. L. 94–482 § 405(b)(1) · 90 Stat. 2081

   Substituted · 20 U.S.C. § 1232(b)(1)

   Pub. L. 94–482, § 405(b)(1), substituted “proposed regulation” for “standard, rule, regulation, or requirement of general applicability”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 94–482, § 405(b)(1), substituted “proposed regulation” for “standard, rule, regulation, or requirement of general applicability”.

   Enacted provision · exact public law section
   (1) Section 431(b) (1) of such Act is amended by striking out “standard, rule, regulation, or requirement of general applicability” and inserting in lieu thereof “proposed regulation”.

8. 1976

   Education Amendments of 1976

   Pub. L. 94–482 § 405(b)(2) · 90 Stat. 2081

   Substituted · 20 U.S.C. § 1232(b)(2)(A)

   Pub. L. 94–482, § 405(b)(2), substituted “regulation” for “standard, rule, regulation, or general requirement” in two places

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 94–482, § 405(b)(2), substituted “regulation” for “standard, rule, regulation, or general requirement” in two places.

   Enacted provision · exact public law section
   (2) Section 431(b) (2) (A) of such Act is amended by striking out “standard, rule, regulation, or general requirement” and inserting in lieu thereof “regulation”,

9. 1976

   Education Amendments of 1976

   Pub. L. 94–482 § 405(c) · 90 Stat. 2081

   Struck · 20 U.S.C. § 1232(c)

   Pub. L. 94–482, § 405(c), struck out applicability to rules, guidelines, interpretations, or orders

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–482, § 405(c), struck out applicability to rules, guidelines, interpretations, or orders.

   Enacted provision · exact public law section
   (c) Section 431 (c) of such Act is amended by striking out “rules, regulations, guidelines, interpretations, or orders” and inserting in lieu thereof “regulations”.

10. 1976

    Education Amendments of 1976

    Pub. L. 94–482 § 405(d)(1) · 90 Stat. 2081

    Struck · 20 U.S.C. § 1232(d)(1)

    Pub. L. 94–482, § 405(d)(1), (2), struck out applicability to standards, rules, requirements, or requirements of general applicability

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 94–482, § 405(d)(1), (2), struck out applicability to standards, rules, requirements, or requirements of general applicability.

    Enacted provision · exact public law section
    (1) Section 431(d) (1) of such Act is amended by striking out “standard, rule, regulation, or requirement of general applicability” and inserting in lieu thereof “regulation”.

11. 1976

    Education Amendments of 1976

    Pub. L. 94–482 § 405(d)(3) · 90 Stat. 2081

    Substituted · 20 U.S.C. § 1232(d)(2)

    Pub. L. 94–482, § 405(d)(3), substituted “regulation” for “standard, rule, regulation, or requirement” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 94–482, § 405(d)(3), substituted “regulation” for “standard, rule, regulation, or requirement” wherever appearing.

    Enacted provision · exact public law section
    (3) Section 431(d)(2) of such Act is amended by striking out “standard, rule, regulation, or requirement” each time it appears and inserting in lieu thereof “regulation”.

12. 1976

    Education Amendments of 1976

    Pub. L. 94–482 § 405(e) · 90 Stat. 2081

    1. Substituted · 20 U.S.C. § 1232(e)

       Pub. L. 94–482, § 405(e), substituted “regulation” for “standard, rule, regulation, or requirement”

    2. Substituted · 20 U.S.C. § 1232(e)

       Pub. L. 94–482, § 405(e), substituted “final regulation” for “proposed standard, rule, regulation, or requirement of general applicability”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 94–482, § 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”.

    Enacted provision · exact public law section
    (e) (1) Section 431(e) of such Act is amended by striking out “standard, rule, regulation, or requirement” and inserting in lieu thereof “regulation’, (2) Section 431 (e) of such Act is further amended by striking out “proposed Standard, rule, regulation, or requirement of general applicability” and inserting in lieu thereof “final regulation”.

13. 1976

    Education Amendments of 1976

    Pub. L. 94–482 § 405(f) · 90 Stat. 2081

    Substituted · 20 U.S.C. § 1232(g)

    Pub. L. 94–482, § 405(f), substituted “final regulations” for “rules, regulations, and guidelines” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 94–482, § 405(f), substituted “final regulations” for “rules, regulations, and guidelines” wherever appearing.

    Enacted provision · exact public law section
    (f) Section 431(g) of such Act is amended by striking out “rules, regulations, and guidelines” each time it appears and inserting in lien thereof “final regulations”.

14. 1980

    Education Amendments of 1980

    Pub. L. 96–374 title XIII § 1302 · 94 Stat. 1367

    Inserted · 20 U.S.C. § 1232(d)(1)

    Pub. L. 96–374 inserted “, in whole or in part” after “disapprove such final regulation”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 96–374 inserted “, in whole or in part” after “disapprove such final regulation”.

    Enacted provision · exact public law section
    Sec. 1302. enforcement of the rules The second sentence of section 431(d)(1) of that Act is 20 USC 1232. amended by inserting before the period a comma and the following: “in whole or in part”.

15. 1981

    Postsecondary Student Assistance Amendments of 1981

    Pub. L. 97–35 title V § 533(a)(3) · 95 Stat. 357

    Substituted · 20 U.S.C. § 1232(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (3) The first sentence of section 431(d)(1) of the General Education Provisions Act is amended by inserting after “final regulation” the 20 USC 1232. first time it appears the following: “(except expected family contribution schedules and any amendments thereto promulgated pursuant to sections 428(a)(2) (D) and (E) and 482(a) (1) and (2) of the Higher Education Act of 1965)”.

    Effective date note
    Pub. L. 97–35, title V, § 540(a), Aug. 13, 1981, 95 Stat. 458, provided that the amendment made by Pub. L. 97–35 is effective Oct. 1, 1981.

16. 1994

    Improving America’s Schools Act of 1994

    Pub. L. 103–382 § 247 · 108 Stat. 3518

    Amended · 20 U.S.C. § 1232

    Pub. L. 103–382, § 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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–382, § 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.

    Enacted provision · exact public law section
    SEC. 247. REGULATIONS. Section 437 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232) is amended to read as follows: “Sec. 437. “regulations (a) 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) 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) All regulations shall be uniformly applied and enforced throughout the 50 States. “(d) The exemption for public property, loans, grants and benefits in section 553(a)(2) of title 5, United States Code, 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) 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) 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.”.

17. 1994

    Pub. L. 103–437 § 7(a)(1) · 108 Stat. 4581

    1. Substituted · 20 U.S.C. § 1232

       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

    2. Amended · 20 U.S.C. § 1232

       Pub. L. 103–437, which directed that section 431(b)(2)(B), (d)(2), and (g) of Pub. L. 90–247 be amended generally by Pub. L. 103–382

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) In sections 406(e)(1) and (2)(A), 406A(b), 431(b)(2)(B), (d)(2), and (g), and 448(a) (20 U.S.C. 1221e–1(e)(1), (2)(A), 1221e–1a(b), 1232(b)(2)(B), (d)(2), (g), 1233g(a)), strike “Labor and Public Welfare” and substitute “Labor and Human Resources”.

24 of 25 references resolved to an enrolled provision · 1 partial