20 U.S.C. § 1682 — Federal administrative enforcement; re-

Page 1027 TITLE 20—EDUCATION § 1682 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Pub. L. 94–482, title IV, § 412(b), Oct. 12, 1976, 90 Stat. 2234, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect upon the date of enactment of this Act [Oct. 12, 1976].’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–568, § 3(b), Dec. 31, 1974, 88 Stat. 1862, pro- vided that: ‘‘The provisions of the amendment made by subsection (a) [amending this section] shall be effective on, and retroactive to, July 1, 1972.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–259, § 1, Mar. 22, 1988, 102 Stat. 28, provided that: ‘‘This Act [enacting sections 1687 and 1688 of this title and section 2000d–4a of Title 42, The Public Health and Welfare, amending sections 706 and 794 of Title 29, Labor, and section 6107 of Title 42, and enacting provi- sions set out as notes under sections 1687 and 1688 of this title] may be cited as the ‘Civil Rights Restoration Act of 1987’.’’ SHORT TITLE Pub. L. 107–255, Oct. 29, 2002, 116 Stat. 1734, provided ‘‘That title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.; Public Law 92–318) [title IX of Pub. L. 92–318, enacting this chapter and amending 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] may be cited as the ‘Patsy Takemoto Mink Equal Opportunity in Education Act’.’’ TRANSFER OF FUNCTIONS ‘‘Secretary’’ substituted for ‘‘Commissioner’’ in sub- sec. (a)(2) pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred functions of Commissioner of Education to Secretary of Education. REGULATIONS; NATURE OF PARTICULAR SPORTS: INTERCOLLEGIATE ATHLETIC ACTIVITIES Pub. L. 93–380, title VIII, § 844, Aug. 21, 1974, 88 Stat. 612, directed Secretary to prepare and publish, not more than 30 days after Aug. 21, 1974, proposed regula- tions implementing the provisions of this chapter re- garding prohibition of sex discrimination in federally assisted programs, including reasonable regulations for intercollegiate athletic activities considering the na- ture of the particular sports. Executive Documents COORDINATION OF IMPLEMENTATION AND ENFORCEMENT OF PROVISIONS For provisions relating to the coordination of imple- mentation and enforcement of the provisions of this chapter by the Attorney General, see section 1–201(b) 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. EX. ORD. NO. 14021. GUARANTEEING AN EDUCATIONAL EN- VIRONMENT FREE FROM DISCRIMINATION ON THE BASIS OF SEX, INCLUDING SEXUAL ORIENTATION OR GENDER IDENTITY Ex. Ord. No. 14021, Mar. 8, 2021, 86 F.R. 13803, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of my Administra- tion that all students should be guaranteed an edu- cational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual ori- entation or gender identity. For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimina- tion on the basis of sex in education programs or ac- tivities receiving Federal financial assistance. SEC. 2. Review of Agency Actions. (a) Within 100 days of the date of this order [Mar. 8, 2021], the Secretary of Education, in consultation with the Attorney General, shall review all existing regulations, orders, guidance documents, policies, and any other similar agency ac- tions (collectively, agency actions) that are or may be inconsistent with the policy set forth in section 1 of this order, and provide the findings of this review to the Director of the Office of Management and Budget. (i) As part of the review required under subsection (a) of this section, the Secretary of Education shall review the rule entitled ‘‘Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,’’ 85 FR 30026 (May 19, 2020), and any other agency actions taken pursuant to that rule, for consistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (ii) As soon as practicable, and as appropriate and consistent with applicable law, the Secretary of Edu- cation shall review existing guidance and issue new guidance as needed on the implementation of the rule described in subsection (a)(i) of this section, for con- sistency with governing law, including Title IX, and with the policy set forth in section 1 of this order. (iii) The Secretary of Education shall consider sus- pending, revising, or rescinding—or publishing for no- tice and comment proposed rules suspending, revising, or rescinding—those agency actions that are incon- sistent with the policy set forth in section 1 of this order as soon as practicable and as appropriate and consistent with applicable law, and may issue such re- quests for information as would facilitate doing so. (b) The Secretary of Education shall consider taking additional enforcement actions, as appropriate and consistent with applicable law, to enforce the policy set forth in section 1 of this order as well as legal pro- hibitions on sex discrimination in the form of sexual harassment, which encompasses sexual violence, to the fullest extent permissible under law; to account for intersecting forms of prohibited discrimination that can affect the availability of resources and support for students who have experienced sex discrimination, in- cluding discrimination on the basis of race, disability, and national origin; to account for the significant rates at which students who identify as lesbian, gay, bisex- ual, transgender, and queer (LGBTQ+) are subject to sexual harassment, which encompasses sexual violence; to ensure that educational institutions are providing appropriate support for students who have experienced sex discrimination; and to ensure that their school pro- cedures are fair and equitable for all. SEC. 3. 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 Management and Budget relating to budgetary, ad- ministrative, 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. J.R. BIDEN, JR. § 1682. Federal administrative enforcement; re- port to Congressional committees Each Federal department and agency which is empowered to extend Federal financial assist- 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.