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U.S. Code as of:
01/19/04
Section 1682. Federal administrative enforcement; report to Congressional committees
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.
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