20 U.S.C. § 2306a — Prohibitions

Page 1060 TITLE 20—EDUCATION § 2305 1 So in original. Probably should be ‘‘title 5 (commonly’’. (b) Prohibition on development of national data- base Nothing in this chapter shall be construed to permit the development of a national database of personally identifiable information on indi- viduals receiving services under this chapter. (Pub. L. 88–210, § 5, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690.) Editorial Notes PRIOR PROVISIONS A prior section 2304, Pub. L. 88–210, § 5, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to privacy, prior to the general amendment of this chap- ter by Pub. L. 109–270. § 2305. Limitation All of the funds made available under this chapter shall be used in accordance with the re- quirements of this chapter. (Pub. L. 88–210, § 6, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690.) Editorial Notes PRIOR PROVISIONS A prior section 2305, Pub. L. 88–210, § 6, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3082, related to limitation on use of funds, prior to the general amend- ment of this chapter by Pub. L. 109–270. § 2306. Special rule In the case of a local community in which no employees are represented by a labor organiza- tion, for purposes of this chapter, the term ‘‘rep- resentatives of employees’’ shall be substituted for ‘‘labor organization’’. (Pub. L. 88–210, § 7, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690.) Editorial Notes PRIOR PROVISIONS A prior section 2306, Pub. L. 88–210, § 7, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3083, related to special rule, prior to the general amendment of this chapter by Pub. L. 109–270. § 2306a. Prohibitions (a) Local control Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government— (1) to condition or incentivize the receipt of any grant, contract, or cooperative agree- ment, or the receipt of any priority or pref- erence under such grant, contract, or coopera- tive agreement, upon a State, local edu- cational agency, eligible agency, eligible re- cipient, eligible entity, or school’s adoption or implementation of specific instructional con- tent, academic standards and assessments, curricula, or program of instruction (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Ini- tiative, any other academic standards com- mon to a significant number of States, or any assessment, instructional content, or cur- riculum aligned to such standards); (2) through grants, contracts, or other coop- erative agreements, to mandate, direct, or control a State, local educational agency, eli- gible agency, eligible recipient, eligible entity, or school’s specific instructional content, aca- demic standards and assessments, curricula, or program of instruction (including any re- quirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Ini- tiative, any other academic standards com- mon to a significant number of States, or any assessment, instructional content, or cur- riculum aligned to such standards); or (3) except as required under sections 2322(b), 2391(b), and 2413 of this title— (A) to mandate, direct, or control the allo- cation of State or local resources; or (B) to mandate that a State or a political subdivision of a State spend any funds or incur any costs not paid for under this chap- ter. (b) No preclusion of other assistance Any State that declines to submit an applica- tion to the Secretary for assistance under this chapter shall not be precluded from applying for assistance under any other program adminis- tered by the Secretary. (c) Prohibition on requiring Federal approval or certification of standards Notwithstanding any other provision of Fed- eral law, no State shall be required to have aca- demic and career and technical content stand- ards or student academic and career and tech- nical achievement standards approved or cer- tified by the Federal Government, in order to re- ceive assistance under this chapter. (d) Rule of construction Nothing in this section affects the applica- bility of subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the ‘‘Adminis- trative Procedure Act’’) or chapter 8 of title 5, commonly 1 known as the ‘‘Congressional Re- view Act’’). (e) Coherent and rigorous content For the purposes of this chapter, coherent and rigorous content shall be determined by the State consistent with section 6311(b)(1) of this title. (f) Congressional notice and comment (1) Notice to Congress Not less than 15 business days prior to issuing a notice of proposed rulemaking re- lated to this chapter in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representa- tives, and other relevant congressional com- mittees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— (A) a copy of the proposed regulation; Page 1061 TITLE 20—EDUCATION § 2308 (B) the need to issue the regulation; (C) a description of how the regulation is consistent with the scope of this chapter; (D) the anticipated burden (including the time, cost, and paperwork burden) the regu- lation will impose on an eligible agency, in- stitution, or recipient that may be impacted by the regulation, including the potential impact on rural areas; (E) the anticipated benefits to an eligible agency, institution, or recipient that may be impacted by the regulation, including in rural areas; and (F) any regulations that will be repealed when the new regulation is issued. (2) Comment period for Congress The Secretary shall— (A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 busi- ness days to make comments on the pro- posed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and (B) include and seek to address all com- ments submitted by members of Congress in the public rulemaking record for the regula- tion published in the Federal Register. (3) Comment and review period; emergency sit- uations The comment and review period for any pro- posed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall— (A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1); (B) publish the length of the comment and review period in such notice and in the Fed- eral Register; and (C) conduct immediately thereafter re- gional meetings to review such proposed reg- ulation before issuing any final regulation. (Pub. L. 88–210, § 8, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 690; amended Pub. L. 114–95, title IX, § 9215(n)(2), Dec. 10, 2015, 129 Stat. 2169; Pub. L. 115–224, § 9, title II, § 201(b), July 31, 2018, 132 Stat. 1574, 1622.) Editorial Notes PRIOR PROVISIONS A prior section 8 of Pub. L. 88–210 was classified to section 2307 of this title prior to the general amend- ment of this chapter by Pub. L. 109–270. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–224, § 201(b), which made technical amendment to references in original Act which appeared in text as references to sections 2391(b) and 2413 of this title, could not be executed because of the intervening amendment by Pub. L. 115–224, § 9(1), which had already amended those references. See below. Pub. L. 115–224, § 9(1), substituted ‘‘Federal Govern- ment—’’ for ‘‘Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter, except as required under sections 2322(b), 2391(b), and 2413 of this title.’’ and added pars. (1) to (3). Subsec. (d). Pub. L. 115–224, § 9(2), amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘Nothing in this section shall be construed to affect the requirements under section 2323 of this title.’’ Subsec. (f). Pub. L. 115–224, § 9(3), added subsec. (f). 2015—Subsec. (e). Pub. L. 114–95 substituted ‘‘section 6311(b)(1) of this title’’ for ‘‘section 6311(b)(1)(D) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 2307. Authorization of appropriations There are authorized to be appropriated to carry out this chapter (other than sections 2324 and 2327 of this title)— (1) $1,229,568,538 for fiscal year 2019; (2) $1,246,782,498 for fiscal year 2020; (3) $1,264,237,452 for fiscal year 2021; (4) $1,281,936,777 for fiscal year 2022; (5) $1,299,883,892 for fiscal year 2023; and (6) $1,318,082,266 for fiscal year 2024. (Pub. L. 88–210, § 9, as added Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 691; amended Pub. L. 115–224, § 10, July 31, 2018, 132 Stat. 1576.) Editorial Notes PRIOR PROVISIONS A prior section 2307, Pub. L. 88–210, § 8, as added Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3083, related to authorization of appropriations, prior to the general amendment of this chapter by Pub. L. 109–270. AMENDMENTS 2018—Pub. L. 115–224 amended section generally. Prior to amendment, text read as follows: ‘‘There is author- ized to be appropriated to carry out this chapter (other than sections 2324, 2327, and 2328 of this title, and sub- chapter II) such sums as may be necessary for each of the fiscal years 2007 through 2012.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. § 2308. Interdepartmental Task Force on Voca- tional Education and Related Programs (a) Establishment There is established the Interdepartmental Task Force on Vocational Education and Re- lated Programs (in this section referred to as the ‘‘Task Force’’). (b) Membership The Task Force shall consist of the Secretary of Education, the Secretary of Labor, the Sec-