20 U.S.C. § 1232c — State agency monitoring and enforce-

Page 902 TITLE 20—EDUCATION § 1232b U.S.C. 7906a, 7907, and 7909), it is hereby ordered as fol- lows: SECTION 1. Policy. It shall be the policy of the execu- tive branch to protect and preserve State and local con- trol over the curriculum, program of instruction, ad- ministration, and personnel of educational institutions, schools, and school systems, consistent with applicable law, including ESEA, as amended by ESSA, and ESEA’s restrictions related to the Common Core State Stand- ards developed under the Common Core State Stand- ards Initiative. SEC. 2. Review of Regulations and Guidance Documents. (a) The Secretary of Education (Secretary) shall review all Department of Education (Department) regulations and guidance documents relating to DEOA, GEPA, and ESEA, as amended by ESSA. (b) The Secretary shall examine whether these regu- lations and guidance documents comply with Federal laws that prohibit the Department from exercising any direction, supervision, or control over areas subject to State and local control, including: (i) the curriculum or program of instruction of any elementary and secondary school and school system; (ii) school administration and personnel; and (iii) selection and content of library resources, text- books, and instructional materials. (c) The Secretary shall, as appropriate and consistent with applicable law, rescind or revise any regulations that are identified pursuant to subsection (b) of this section as inconsistent with statutory prohibitions. The Secretary shall also rescind or revise any guidance documents that are identified pursuant to subsection (b) of this section as inconsistent with statutory prohi- bitions. The Secretary shall, to the extent consistent with law, publish any proposed regulations and with- draw or modify any guidance documents pursuant to this subsection no later than 300 days after the date of this order. SEC. 3. Definition. The term ‘‘guidance document’’ means any written statement issued by the Depart- ment to the public that sets forth a policy on a statu- tory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue, including Dear Col- league letters, interpretive memoranda, policy state- ments, manuals, circulars, memoranda, pamphlets, bul- letins, advisories, technical assistance, and grants of applications for waivers. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1232b. Labor standards All laborers and mechanics employed by con- tractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the local- ity as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40. (Pub. L. 90–247, title IV, § 439, formerly § 423, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 169; renumbered § 433, Pub. L. 92–318, title III, § 301(a)(1), June 23, 1972, 86 Stat. 326; renumbered § 439 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 261(d), Oct. 20, 1994, 108 Stat. 3913, 3927.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION ‘‘Sections 3141–3144, 3146, and 3147 of title 40’’ sub- stituted for ‘‘the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)’’ and ‘‘section 3145 of title 40’’ sub- stituted for ‘‘section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. PRIOR PROVISIONS A prior section 439 of Pub. L. 90–247 was renumbered section 445, and is classified to section 1232h of this title. AMENDMENTS 1994—Pub. L. 103–382, § 261(d), substituted ‘‘All labor- ers’’ for ‘‘Except for emergency relief under section 241–1 of this title, all laborers’’. PART 3—ADMINISTRATION OF EDUCATION PRO- GRAMS AND PROJECTS BY STATES AND LOCAL EDUCATIONAL AGENCIES § 1232c. State agency monitoring and enforce- ment (a) State plan In the case of any applicable program in which Federal funds are made available to local agen- cies in a State through or under the supervision of a State board or agency, the Secretary may require the State to submit a plan for moni- toring compliance by local agencies with Fed- eral requirements under such program and for enforcement by the State of such requirements. The Secretary may require such plan to pro- vide— (1) for periodic visits by State personnel of programs administered by local agencies to determine whether such programs are being conducted in accordance with such require- ments; (2) for periodic audits of expenditures under such programs by auditors of the State or other auditors not under the control, direc- tion, or supervision of the local educational agency; and (3) that the State investigate and resolve all complaints received by the State, or referred to the State by the Secretary, relating to the administration of such programs. (b) State enforcement of Federal requirements In order to enforce the Federal requirements under any applicable program the State may— (1) withhold approval, in whole or in part, of the application of a local agency for funds under the program until the State is satisfied Page 903 TITLE 20—EDUCATION § 1232d 1 So in original. Probably should be ‘‘section’’. that such requirements will be met; except that the State shall not finally disapprove such an application unless the State provides the local agency an opportunity for a hearing before an impartial hearing officer and such officer determines that there has been a sub- stantial failure by the local agency to comply with any of such requirements; (2) suspend payments to any local agency, in whole or in part, under the program if the State has reason to believe that the local agency has failed substantially to comply with any of such requirements, except that (A) the State shall not suspend such payments until fifteen days after the State provides the local agency an opportunity to show cause why such action should not be taken and (B) no such suspension shall continue in effect longer than sixty days unless the State within such period provides the notice for a hearing required under paragraph (3) of this subsection; (3) withhold payments, in whole or in part, under any such program if the State finds, after reasonable notice and opportunity for a hearing before an impartial hearing officer, that the local agency has failed substantially to comply with any of such requirements. (c) Withholding of payments Any withholding of payments under sub- section (b)(3) of this subsection 1 shall continue until the State is satisfied that there is no longer a failure to comply substantially with any of such requirements. (Pub. L. 90–247, title IV, § 440, formerly § 434, as added Pub. L. 95–561, title XII, § 1231(a)(3), Nov. 1, 1978, 92 Stat. 2342; renumbered § 440 and amended Pub. L. 103–382, title II, §§ 212(b)(1), 261(e), Oct. 20, 1994, 108 Stat. 3913, 3927.) Editorial Notes PRIOR PROVISIONS A prior section 1232c, Pub. L. 90–247, title IV, § 434, formerly § 424, as added Pub. L. 91–230, title IV, § 401(a)(10), Apr. 13, 1970, 84 Stat. 169; renumbered § 434 and amended Pub. L. 92–318, title III, § 301(a)(1), title V, § 501, June 23, 1972, 86 Stat. 326, 345; Pub. L. 93–380, title V, §§ 510, 511(a), Aug. 21, 1974, 88 Stat. 568, 569; Pub. L. 94–482, title V, § 501(f)(1), Oct. 12, 1976, 90 Stat. 2237, re- lated to administration of education programs and projects, prior to repeal by section 1231(a)(3) of Pub. L. 95–561. A prior section 440 of Pub. L. 90–247 was renumbered section 446, and is classified to section 1232i of this title. AMENDMENTS 1994—Pub. L. 103–382, § 261(e)(1), struck out ‘‘edu- cational’’ after ‘‘State’’ in section catchline. Subsec. (a). Pub. L. 103–382, § 261(e)(2)(A), substituted ‘‘Secretary’’ for ‘‘Commissioner’’ wherever appearing. Subsecs. (b), (c). Pub. L. 103–382, § 261(e)(2)(B), (C), re- designated provision following par. (3) of subsec. (b) as subsec. (c) and substituted ‘‘subsection (b)(3)’’ for ‘‘paragraph (3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 95–561, title XII, § 1261, Nov. 1, 1978, 92 Stat. 2356, provided that: ‘‘The amendments made by section 1231 [enacting this section and sections 1232d, 1232e, and 1232f of this title and amending section 1088f–1 of this title] shall take effect with respect to appropriations for fiscal year 1980 and subsequent fiscal years. The amendments made by section 1232 [enacting sections 1234, 1234a, 1234b, 1234c, 1234d, and 1234e of this title] shall take effect 120 days after the enactment of this Act [Nov. 1, 1978].’’ APPLICABILITY OF ADMINISTRATIVE PROCEDURE TO OF- FICE OF EDUCATION OR ACTIONS BY COMMISSIONER UNAFFECTED BY SUBSECTIONS (b) TO (e) Pub. L. 93–380, title V, § 511(b)(2), Aug. 21, 1974, 88 Stat. 571, provided that nothing in the amendment made by subsec. (a) of section 511 of Pub. L. 93–380, which en- acted prior subsecs. (b) to (e) and deleted former sub- sec. (b) of this section, would be construed to affect the applicability of chapter 5 of Title 5, Government Orga- nization and Employees, to the Office of Education or actions by the Commissioner. § 1232d. Single State application (a) Submission of general application; approval by State supervisory authority In the case of any State which applies, con- tracts, or submits a plan for participation in any applicable program in which Federal funds are made available for assistance to local edu- cational agencies through, or under the super- vision of, the State educational agency of that State, such State shall submit (subject to the provisions of part D of title IV of the Elemen- tary and Secondary Education Act of 1965 [20 U.S.C. 7231 et seq.]) to the Secretary a general application containing the assurances set forth in subsection (b). Such application may be sub- mitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for su- pervision of the activities conducted under each program covered by the application. (b) Assurances An application submitted under subsection (a) shall set forth assurances, satisfactory to the Secretary— (1) that each program will be administered in accordance with all applicable statutes, reg- ulations, program plans, and applications; (2) that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to such entities, and that the public agency or nonprofit pri- vate agency, institution, or organization will administer such funds and property; (3) that the State will adopt and use proper methods of administering each applicable pro- gram, including— (A) monitoring of agencies, institutions, and organizations responsible for carrying out each program, and the enforcement of any obligations imposed on those agencies, institutions, and organizations under law, (B) providing technical assistance, where necessary, to such agencies, institutions, and organizations,