20 U.S.C. § 1683 — Judicial review

Page 1028 TITLE 20—EDUCATION § 1683 ance to any education program or activity, by way of grant, loan, or contract other than a con- tract 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 con- sistent 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 ef- fective unless and until approved by the Presi- dent. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to con- tinue 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 re- quirement, 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 re- quirement 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 depart- ment or agency shall file with the committees of the House and Senate having legislative juris- diction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall be- come effective until thirty days have elapsed after the filing of such report. (Pub. L. 92–318, title IX, § 902, June 23, 1972, 86 Stat. 374.) 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. § 1683. Judicial review Any department or agency action taken pursu- ant to section 1682 of this title shall be subject to such judicial review as may otherwise be pro- vided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 1682 of this title, any person aggrieved (including any State or political sub- division thereof and any agency of either) may obtain judicial review of such action in accord- ance with chapter 7 of title 5, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of section 701 of that title. (Pub. L. 92–318, title IX, § 903, June 23, 1972, 86 Stat. 374.) Editorial Notes CODIFICATION ‘‘Section 1682 of this title’’, where first appearing, substituted in text for ‘‘section 1002’’ as conforming to intent of Congress as Pub. L. 92–318 was enacted with- out any section 1002 and subsequent text refers to ‘‘sec- tion 902’’, which is classified to section 1682 of this title. § 1684. Blindness or visual impairment; prohibi- tion against discrimination No person in the United States shall, on the ground of blindness or severely impaired vision, be denied admission in any course of study by a recipient of Federal financial assistance for any education program or activity, but nothing herein shall be construed to require any such in- stitution to provide any special services to such person because of his blindness or visual impair- ment. (Pub. L. 92–318, title IX, § 904, June 23, 1972, 86 Stat. 375.) § 1685. Authority under other laws unaffected Nothing in this chapter shall add to or detract from any existing authority with respect to any program or activity under which Federal finan- cial assistance is extended by way of a contract of insurance or guaranty. (Pub. L. 92–318, title IX, § 905, June 23, 1972, 86 Stat. 375.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IX of Pub. L. 92–318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c–6, 2000c–9, and 2000h–2 of Title 42, The Public Health and Welfare. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of this title and Tables. § 1686. Interpretation with respect to living fa- cilities Notwithstanding anything to the contrary contained in this chapter, nothing contained herein shall be construed to prohibit any edu- cational institution receiving funds under this Act, from maintaining separate living facilities for the different sexes. (Pub. L. 92–318, title IX, § 907, June 23, 1972, 86 Stat. 375.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IX of Pub. L. 92–318 which enacted this chapter and amended sections 203 and 213 of Title 29, Labor, and sections 2000c, 2000c–6, 2000c–9, and 2000h–2 of Title 42, The Public Health and Welfare.