20 U.S.C. § 1232b — Labor standards

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