“Regulation” defined
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.
Uniform application
All regulations shall be uniformly applied and enforced throughout the 50 States.
Application of exemption
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.
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, § 437Pub. L. 91–230, title IV, § 401(a)(10)84 Stat. 169Pub. L. 92–318, title III, § 301(a)(1)86 Stat. 326Pub. L. 93–380, title V, § 509(a)88 Stat. 566Pub. L. 94–142, § 789 Stat. 796Pub. L. 94–482, title IV, § 40590 Stat. 2231Pub. L. 96–374, title XIII, § 130294 Stat. 1497Pub. L. 97–35, title V, § 533(a)(3)95 Stat. 453Pub. L. 103–382, title II108 Stat. 3913Pub. L. 103–437, § 7(a)(1)108 Stat. 4587(, formerly § 421, as added , , ; renumbered § 431, , , ; amended , , ; , , ; , , ; , , ; , , ; renumbered § 437 and amended , §§ 212(b)(1), 247, , , 3923; , , .)
Editorial Notes
Prior Provisions
section 437 of Pub. L. 90–247section 1232f of this titleA prior was renumbered section 443, and is classified to .
section 437 of Pub. L. 90–247section 1221e–1a of this titlePub. L. 103–382Another prior was renumbered section 406A, and was classified to prior to repeal by .
section 437 of Pub. L. 90–247section 1233f of this titlePub. L. 103–382Another prior was renumbered section 447, and was classified to prior to repeal by .
Amendments
Pub. L. 103–437Pub. L. 90–247section 431 of Pub. L. 90–247Pub. L. 103–3821994—, which directed that section 431(b)(2)(B), (d)(2), and (g) of be amended by substituting “Labor and Human Resources” for “Labor and Public Welfare”, could not be executed because this section, which was , was renumbered section 437 and amended generally by .
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.
Pub. L. 97–351981—Subsec. (d)(1). 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”.
Pub. L. 96–3741980—Subsec. (d)(1). inserted “, in whole or in part” after “disapprove such final regulation”.
Pub. L. 94–482, § 405(a)1976—Subsec. (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.
Pub. L. 94–482, § 405(b)(1)Subsec. (b)(1). , substituted “proposed regulation” for “standard, rule, regulation, or requirement of general applicability”.
Pub. L. 94–482, § 405(b)(2)Subsec. (b)(2)(A). , substituted “regulation” for “standard, rule, regulation, or general requirement” in two places.
Pub. L. 94–482, § 405(c)Subsec. (c). , struck out applicability to rules, guidelines, interpretations, or orders.
Pub. L. 94–482, § 405(d)(1)Subsec. (d)(1). , (2), struck out applicability to standards, rules, requirements, or requirements of general applicability.
Pub. L. 94–482, § 405(d)(3)Subsec. (d)(2). , substituted “regulation” for “standard, rule, regulation, or requirement” wherever appearing.
Pub. L. 94–482, § 405(e)Subsec. (e). , substituted “regulation” for “standard, rule, regulation, or requirement” wherever appearing and “final regulation” for “proposed standard, rule, regulation, or requirement of general applicability”.
Pub. L. 94–482, § 405(f)Subsec. (g). , substituted “final regulations” for “rules, regulations, and guidelines” wherever appearing.
Pub. L. 94–142, § 7(a)(1)1975—Subsec. (d)(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.
Pub. L. 94–142, § 7(a)(2)Subsec. (d)(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”.
Pub. L. 93–380, § 509(a)(1)1974—Subsec. (b). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 93–380, § 509(a)(2)Subsecs. (d) to (g). , added subsecs. (d) to (g).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, .
Effective Date of 1981 Amendment
Pub. L. 97–35, title V, § 540(a)95 Stat. 458Pub. L. 97–35, , , provided that the amendment made by is effective .
Effective Date of 1980 Amendment
Pub. L. 96–374section 1393(a) of Pub. L. 96–374section 1001 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–482section 532 of Pub. L. 94–482section 1001 of this titleAmendment by effective 30 days after , except either as specifically otherwise provided or, if not so specifically otherwise provided, effective , for those amendments providing for authorization of appropriations, see , set out as a note under .
Effective Date of 1975 Amendment
Pub. L. 94–142, § 889 Stat. 796
Effective Date of 1974 Amendment
Pub. L. 93–380, title V, § 509(b)88 Stat. 568
Study and Report on Rules and Regulations
Pub. L. 92–318, title V, § 50386 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 . 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.