REGULATIONS.

SEC. 5106. REGULATIONS. Section 1123 of the Education Amendments of 1978 (25 U.S.C. 2003) is amended to read as follows: “regulations “Sec. 1123. (a) The provisions of part 32 of title 25 of the Code of Federal Regulations, as in effect on January 1, 1987, are hereby incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Accordingly, such provisions may be altered only by means of an amendment to this subsection that is contained in an Act or joint resolution which is enacted into law. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before the date of enactment of this Act, the provisions of this Act and the provisions of such other statutory law shall govern. “(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of title 25 of the Code of Federal Regulations, as in effect on January 1, 1987, shall be applied by the Federal Government and shall not, before July 1, 1989, be amended, revoked, or altered in any manner. No officer or employee of the Executive Branch shall have the authority to issue any other regulations, prior to July 1, 1989, that supersede, supplement, or otherwise affect the provisions of such parts. To the extent that the provisions of such parts do not conform with this Act or any statutory provision of law enacted before the date of enactment of this Act, the provisions of this Act and the provisions of such other statutory law shall govern. 102 STAT. 368 “(c) After June 30, 1989, no regulation prescribed for the application of any program provided under this title shall become effective unless— “(1) the regulation has been published as a proposed regulation in the Federal Register, “(2) an opportunity of no less than 90 days has been afforded the public to comment on the published proposed regulation, and “(3) the regulation has, after such period for public comment, been published in the Federal Register as a final regulation. “(d) For purposes of this section, the term ‘regulation’ means any rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribed by any officer or employee of the Executive Branch.”.