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20 U.S.C. § 6084 — Preemption

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6084 — Preemption

Page 1314 TITLE 20—EDUCATION § 6084 owes to the person against whom the penalty is assessed. (5) Petition for review Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judi- cial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such per- son shall provide a copy thereof to the Sec- retary or the Secretary’s designee. The peti- tion shall be filed within 30 days after the Sec- retary’s assessment or order, or both, are final and have been provided to such person by cer- tified mail. The Secretary shall promptly pro- vide to the court a certified copy of the tran- script of any hearing held under this section and a copy of the notice or order. (6) Failure to comply If a person fails to pay an assessment of a civil penalty or comply with an order, after ei- ther or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Sec- retary, shall recover the amount of the civil penalty (plus interest at then currently pre- vailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review. (Pub. L. 103–227, title X, § 1043, Mar. 31, 1994, 108 Stat. 272.) § 6084. Preemption Nothing in this part is intended to preempt any provision of law of a State or political sub- division of a State that is more restrictive than a provision of

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Stable record: federal_law:legal_authorities:usc2024-e0b7b396c1521170cb1efbb6
Source file: Laws/federal/codes/united-states-code-2024/title-20/section-6084-preemption--783f6730d3.md
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Source location: USCODE-2024-title20-chap68-subchapX-partB-sec6084.pdf

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Page 1314 TITLE 20—EDUCATION § 6084 owes to the person against whom the penalty is assessed. (5) Petition for review Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judi- cial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such per- son shall provide a copy thereof to the Sec- retary or the Secretary’s designee. The peti- tion shall be filed within 30 days after the Sec- retary’s assessment or order, or both, are final and have been provided to such person by cer- tified mail. The Secretary shall promptly pro- vide to the court a certified copy of the tran- script of any hearing held under this section and a copy of the notice or order. (6) Failure to comply If a person fails to pay an assessment of a civil penalty or comply with an order, after ei- ther or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Sec- retary, shall recover the amount of the civil penalty (plus interest at then currently pre- vailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review. (Pub. L. 103–227, title X, § 1043, Mar. 31, 1994, 108 Stat. 272.) § 6084. Preemption Nothing in this part is intended to preempt any provision of law of a State or political sub- division of a State that is more restrictive than a provision of this part. (Pub. L. 103–227, title X, § 1044, Mar. 31, 1994, 108 Stat. 274.) CHAPTER 69—SCHOOL-TO-WORK OPPORTUNITIES §§ 6101 to 6104. Omitted Editorial Notes CODIFICATION Sections 6101 to 6104 were omitted pursuant to section 6251 of this title which provided that the authority under this chapter terminated on Oct. 1, 2001. Section 6101, Pub. L. 103–239, § 2, May 4, 1994, 108 Stat. 569, stated findings of Congress. Section 6102, Pub. L. 103–239, § 3, May 4, 1994, 108 Stat. 570, stated purposes and Congressional intent. Section 6103, Pub. L. 103–239, § 4, May 4, 1994, 108 Stat. 572; Pub. L. 103–382, title III, § 394(j)(1), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105–244, title I, § 102(c)(1), Oct. 7, 1998, 112 Stat. 1622; Pub. L. 108–446, title III, § 305(f), Dec. 3, 2004, 118 Stat. 2805, contained definitions. Section 6104, Pub. L. 103–239, § 5, May 4, 1994, 108 Stat. 575, provided for Federal administration of this chap- ter. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 103–239, § 1(a), May 4, 1994, 108 Stat. 568, pro- vided that: ‘‘This Act [enacting this chapter, amending former sections 2394b and 2394c and section 4441 of this title, former section 1699 of Title 29, Labor, and former sections 11449 and 11450 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 4401 and 4441 of this title] may be cited as the ‘School-to-Work Opportunities Act of 1994’.’’ SUBCHAPTER I—SCHOOL-TO-WORK OPPOR- TUNITIES BASIC PROGRAM COMPONENTS §§ 6111 to 6114. Omitted Editorial Notes CODIFICATION Sections 6111 to 6114 were omitted pursuant to section 6251 of this title which provided that the authority under this chapter terminated on Oct. 1, 2001. Section 6111, Pub. L. 103–239, title I, § 101, May 4, 1994, 108 Stat. 576, related to general program requirements. Section 6112, Pub. L. 103–239, title I, § 102, May 4, 1994, 108 Stat. 576, related to school-based learning compo- nent. Section 6113, Pub. L. 103–239, title I, § 103, May 4, 1994, 108 Stat. 577, related to work-based learning compo- nent. Section 6114, Pub. L. 103–239, title I, § 104, May 4, 1994, 108 Stat. 577, related to connecting activities compo- nent. SUBCHAPTER II—SCHOOL-TO-WORK OPPOR- TUNITIES SYSTEM DEVELOPMENT AND IMPLEMENTATION GRANTS TO STATES PART A—STATE DEVELOPMENT GRANTS §§ 6121 to 6127. Omitted Editorial Notes CODIFICATION Sections 6121 to 6127 were omitted pursuant to section 6251 of this title which provided that the authority under this chapter terminated on Oct. 1, 2001. Section 6121, Pub. L. 103–239, title II, § 201, May 4, 1994, 108 Stat. 578, stated purpose of this part. Section 6122, Pub. L. 103–239, title II, § 202, May 4, 1994, 108 Stat. 578, authorized grants to States and terri- tories. Section 6123, Pub. L. 103–239, title II, § 203, May 4, 1994, 108 Stat. 579, related to application for grant. Section 6124, Pub. L. 103–239, title II, § 204, May 4, 1994, 108 Stat. 580, related to approval of application. Section 6125, Pub. L. 103–239, title II, § 205, May 4, 1994, 108 Stat. 580, related to use of amounts from grant. Section 6126, Pub. L. 103–239, title II, § 206, May 4, 1994, 108 Stat. 581, related to maintenance of effort by State. Section 6127, Pub. L. 103–239, title II, § 207, May 4, 1994, 108 Stat. 582, required reports by State. PART B—STATE IMPLEMENTATION GRANTS §§ 6141 to 6148. Omitted Editorial Notes CODIFICATION Sections 6141 to 6148 were omitted pursuant to section 6251 of this title which provided that the authority under this chapter terminated on Oct. 1, 2001. Section 6141, Pub. L. 103–239, title II, § 211, May 4, 1994, 108 Stat. 582, stated purpose of this part. Section 6142, Pub. L. 103–239, title II, § 212, May 4, 1994, 108 Stat. 582, authorized grants to States and terri- tories.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6084 — Definitions

As used in this part: (1) **Children** — The term “children” means individuals who have not attained the age of 18. (2) **Children’s services** — The term “children’s services” means the provision on a routine or regular basis of health, day care, education, or library services— (A) that are funded, after March 31, 1994, directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs— (i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.]); or (ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 ([42 U.S.C. 1786(b)(6)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1786/b/6&num=0&edition=prelim)), or (B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this subchapter, except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.]. (3) **Person** — The term “person” means any State or local subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or op

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