US (United States) Code. Title 20. Chapter 48: Department of Education

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 48 - DEPARTMENT OF EDUCATION 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

.

-HEAD-

CHAPTER 48 - DEPARTMENT OF EDUCATION

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

3401. Congressional findings.

3402. Congressional declaration of purpose.

3403. Relationship with States.

(a) Rights of local governments and educational

institutions.

(b) Curriculum, administration, and personnel;

library resources.

(c) Funding under pre-existing programs.

3404. Definitions.

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

3411. Establishment of Department; appointment of Secretary.

3412. Principal officers.

(a) Deputy Secretary of Education.

(b) Assistant Secretaries and General Counsel.

(c) Inspector General.

(d) Under Secretary of Education.

(e) Additional officers.

(f) Statements of functions of nominees.

(g) Supervision by Secretary.

(h) Coordination of literacy related functions by

Assistant Secretary for Vocational and Adult

Education.

(i) Liaison for Community and Junior Colleges.

3413. Office for Civil Rights.

(a) Establishment; administration; delegation of

functions.

(b) Compliance and enforcement reports; copies

submitted to Secretary.

(c) Authority of Assistant Secretary.

3414. Office of Elementary and Secondary Education; inclusion of

Office of Migrant Education.

3415. Office of Postsecondary Education.

3416. Office of Vocational and Adult Education.

3417. Office of Special Education and Rehabilitative Services.

3418. Repealed.

3419. Institute of Education Sciences.

3420. Office of English Language Acquisition, Language Enhancement,

and Academic Achievement for Limited English Proficient Students.

3421. Office of General Counsel.

3422. Office of Inspector General.

3423. Repealed.

3423a. Office of Correctional Education.

(a) Findings.

(b) Statement of purpose.

(c) Establishment of Office.

(d) Functions of Office.

(e) Definitions.

3423b. Office of Non-Public Education.

3423c. Office of Indian Education.

(a) Office of Indian Education.

(b) Director.

(c) Indian preference in employment.

3423d. Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English

Proficient Students.

(a) Establishment.

(b) Director.

3424. Federal Interagency Committee on Education.

(a) Establishment and function.

(b) Coordination of Federal programs, policies and

practices.

(c) Membership.

(d) Designation of additional persons to attend

meetings.

(e) Federal vocational education and training

programs study; report.

(f) Required meetings; establishment of

subcommittees.

(g) Support assistance.

3425. Office of Educational Technology.

(a) Establishment.

(b) Director.

(c) Officers and employees.

(d) Experts and consultants.

3426. Liaison for Proprietary Institutions of Higher Education.

(a) Establishment.

(b) Appointment.

(c) Duties.

3427. Coordinator for the outlying areas.

(a) Establishment.

(b) Appointment.

(c) Duties.

(d) Outlying areas defined.

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

3441. Transfers from Department of Health, Education, and Welfare.

(a) Functions transferred to Secretary.

(b) Offices, etc., transferred to Department.

(c) Administrative functions transferred to

Secretary.

(d) Reservation of functions relating to Project Head

Start.

3442. Repealed.

3443. Transfers from Department of Labor.

(a) Functions relating to programs for the education

of migrant and seasonal farmworkers.

(b) Authorization to conduct functions.

3444. Transfer of programs from National Science Foundation.

(a) Science education; exceptions.

(b) Authority of Secretary; consultation and advice.

(c) Report by Secretary.

(d) Reservation of certain Foundation authority.

3445. Transfers from Department of Justice.

3446. Transfers from Department of Housing and Urban Development.

3447. Effect of transfers.

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

PART A - PERSONNEL PROVISIONS

3461. Officers and employees.

(a) Appointment and compensation.

(b) Applicability of General Schedule; termination of

authority; exemption from limitations on

executive positions.

(c) Repealed.

(d) Senior Executive Service.

(e) Indian preference laws.

3462. Experts and consultants.

(a) In general.

(b) Special rule.

3463. Personnel reduction and annual limitations.

(a) Work-years limitation; allocations; adjustments.

(b) Full-time equivalent personnel reductions.

(c) Personnel computations.

(d) Report on effects of reorganization on employees.

PART B - GENERAL ADMINISTRATIVE PROVISIONS

3471. General authority.

(a) Force and effect of actions by Secretary.

(b) Reporting requirements.

3472. Delegation of functions.

3473. Reorganization of Department.

(a) Authorization; limitations.

(b) Alteration, consolidation, or discontinuance of

statutory and organizational entities.

3474. Rules and regulations.

3475. Contracts.

(a) Authorization of Secretary.

(b) Limitations.

3476. Regional and field offices.

3477. Acquisition and maintenance of property.

(a) Authorized properties; establishment of necessary

facilities.

(b) Day care center facilities.

(c) Special purpose facilities.

3478. Facilities at remote locations.

(a) Authorized services, supplies and facilities.

(b) Reimbursements.

(c) Appropriation credits and refunds.

3479. Use of facilities.

(a) Federal, State, local and foreign government

facilities.

(b) Public and private permittees.

(c) Appropriation credits and refunds.

(d) Interests in real property.

3480. Copyrights and patents.

3481. Gifts and bequests.

3482. Technical advice.

(a) Authorization.

(b) Consolidation of applications for grants and

contracts.

3483. Working capital fund.

(a) Establishment; administrative services included.

(b) Capital; reimbursement of funds; credit;

miscellaneous receipts; transfers.

3484. Funds transfer.

3485. Seal of Department.

3486. Annual report.

(a) Contents.

(b) Estimate on non-Federal personnel employed.

3487. Repealed.

3488. Authorization of appropriations.

3489. General extension of authorizations.

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

3501. Transfer and allocation of appropriations and personnel.

(a) Personnel and appropriations in connection with

functions and offices transferred by this

chapter; use of unexpended funds.

(b) Positions specified to carry out functions or

offices transferred by this chapter.

3502. Effect on personnel.

(a) Non-separation or non-reduction in grade or

compensation of full-time personnel and

part-time personnel holding permanent

positions.

(b) Positions compensated in accordance with

Executive Schedule.

3503. Agency terminations.

(a) Specific terminations.

(b) Positions authorized to be compensated at rate

prescribed for level IV or V of the Executive

Schedule.

3504. Incidental transfers.

(a) Authorization of Director of Office of Management

and Budget; termination of affairs.

(b) Transfer of positions within Senior Executive

Service.

3505. Savings provisions.

(a) Orders, determinations, etc.

(b) Proceedings and applications; transfer.

(c) Actions.

(d) Liabilities incurred.

(e) Parties.

(f) Review.

3506. Separability.

3507. Existing references to transferor officials or bodies deemed

references to transferee officials or bodies.

3508. Department of Health and Human Services.

(a) Redesignation of Department of Health, Education,

and Welfare.

(b) Reference to Department, Secretary, etc., of

Health, Education, and Welfare deemed reference

to Department, Secretary, etc., of Health and

Human Services.

3509. Coordination of programs for handicapped.

3510. Transitional provisions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1221, 6104 of this title.

-CITE-

20 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-CITE-

20 USC Sec. 3401 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3401. Congressional findings

-STATUTE-

The Congress finds that -

(1) education is fundamental to the development of individual

citizens and the progress of the Nation;

(2) there is a continuing need to ensure equal access for all

Americans to educational opportunities of a high quality, and

such educational opportunities should not be denied because of

race, creed, color, national origin, or sex;

(3) parents have the primary responsibility for the education

of their children, and States, localities, and private

institutions have the primary responsibility for supporting that

parental role;

(4) in our Federal system, the primary public responsibility

for education is reserved respectively to the States and the

local school systems and other instrumentalities of the States;

(5) the American people benefit from a diversity of educational

settings, including public and private schools, libraries,

museums and other institutions, the workplace, the community, and

the home;

(6) the importance of education is increasing as new

technologies and alternative approaches to traditional education

are considered, as society becomes more complex, and as equal

opportunities in education and employment are promoted;

(7) there is a need for improvement in the management and

coordination of Federal education programs to support more

effectively State, local, and private institutions, students, and

parents in carrying out their educational responsibilities;

(8) the dispersion of education programs across a large number

of Federal agencies has led to fragmented, duplicative, and often

inconsistent Federal policies relating to education;

(9) Presidential and public consideration of issues relating to

Federal education programs is hindered by the present

organizational position of education programs in the executive

branch of the Government; and

(10) there is no single, full-time, Federal education official

directly accountable to the President, the Congress, and the

people.

-SOURCE-

(Pub. L. 96-88, title I, Sec. 101, Oct. 17, 1979, 93 Stat. 669.)

-MISC1-

EFFECTIVE DATE

Section 601 of Pub. L. 96-88 provided that:

''(a) The provisions of this Act (see Short Title note below)

shall take effect one hundred and eighty days after the first

Secretary takes office, or on any earlier date on or after October

1, 1979, as the President may prescribe and publish in the Federal

Register (prescribed as May 4, 1980, by Ex. Ord. No. 12212,

formerly set out below), except that at any time on or after

October 1, 1979 -

''(1) any of the officers provided for in title II of this Act

(subchapter II of this chapter) may be nominated and appointed,

as provided in such title; and

''(2) the Secretary may promulgate regulations pursuant to

section 505(b)(2) of this Act (section 3505(b)(2) of this title).

''(b) Funds available to any department or agency (or any

official or component thereof), the functions or offices of which

are transferred to the Secretary or the Department by this Act (see

Short Title note below), may, with the approval of the Director of

the Office of Management and Budget, be used to pay the

compensation and expenses of any officer appointed pursuant to this

title (this section and section 602 of Pub. L. 96-88 set out below)

and other transitional and planning expenses associated with the

establishment of the Department or transfer of functions or offices

thereto until such time as funds for such purposes are otherwise

available.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-392, title VI, Sec. 601, Sept. 25, 1990, 104 Stat.

840, provided that: ''This title (enacting section 3423a of this

title, amending section 3424 of this title, repealing sections 1131

and 3423 of this title, and enacting provisions set out as a note

under section 2403 of this title) may be cited as the 'Office of

Correctional Education Act of 1990'.''

SHORT TITLE

Section 1 of Pub. L. 96-88 provided that: ''This Act (enacting

this chapter, amending sections 928, 929, 1102, 2390, 2711, and

3012 of this title, section 19 of Title 3, The President, sections

101, 5312, and 5314 to 5316 of Title 5, Government Organization and

Employees, sections 2, 9, and 11 of the Inspector General Act of

1978, set out in the Appendix to Title 5, section 1004 of Title 21,

Food and Drugs, and sections 761b, 794c, 821, 829, 873, 879, 882,

914, and 952 of Title 29, Labor, and enacting provisions set out as

notes under this section and section 1102 of this title) may be

cited as the 'Department of Education Organization Act'.''

INTERIM APPOINTMENTS

Section 602 of Pub. L. 96-88 provided that:

''(a) In the event that one or more officers required by this Act

(see Short Title note above) to be appointed by and with the advice

and consent of the Senate shall not have entered upon office on the

effective date of this Act (May 4, 1980) and notwithstanding any

other provisions of law, the President may designate an officer in

the executive branch to act in such office for one hundred and

twenty days or until the office is filled as provided in this Act,

whichever occurs first.

''(b) Any officer acting in an office in the Department pursuant

to the provisions of subsection (a) shall receive compensation at

the rate prescribed for such office under this Act.''

-EXEC-

EXECUTIVE ORDER NO. 12212

Ex. Ord. No. 12212, May 2, 1980, 45 F.R. 29557, which established

the effective date for the Department of Education Organization

Act, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.

7237.

-CITE-

20 USC Sec. 3402 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3402. Congressional declaration of purpose

-STATUTE-

The Congress declares that the establishment of a Department of

Education is in the public interest, will promote the general

welfare of the United States, will help ensure that education

issues receive proper treatment at the Federal level, and will

enable the Federal Government to coordinate its education

activities more effectively. Therefore, the purposes of this

chapter are -

(1) to strengthen the Federal commitment to ensuring access to

equal educational opportunity for every individual;

(2) to supplement and complement the efforts of States, the

local school systems and other instrumentalities of the States,

the private sector, public and private educational institutions,

public and private nonprofit educational research institutions,

community-based organizations, parents, and students to improve

the quality of education;

(3) to encourage the increased involvement of the public,

parents, and students in Federal education programs;

(4) to promote improvements in the quality and usefulness of

education through federally supported research, evaluation, and

sharing of information;

(5) to improve the coordination of Federal education programs;

(6) to improve the management and efficiency of Federal

education activities, especially with respect to the process,

procedures, and administrative structures for the dispersal of

Federal funds, as well as the reduction of unnecessary and

duplicative burdens and constraints, including unnecessary

paperwork, on the recipients of Federal funds; and

(7) to increase the accountability of Federal education

programs to the President, the Congress, and the public.

-SOURCE-

(Pub. L. 96-88, title I, Sec. 102, Oct. 17, 1979, 93 Stat. 670.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668, known as

the Department of Education Organization Act, which enacted this

chapter, amended sections 928, 929, 1102, 2390, 2711, and 3012 of

this title, section 19 of Title 3, The President, sections 101,

5312, and 5314 to 5316 of Title 5, Government Organization and

Employees, sections 2, 9, and 11 of the Inspector General Act of

1978, set out in the Appendix to Title 5, section 1004 of Title 21,

Food and Drugs, and sections 761b, 794c, 821, 829, 873, 879, 882,

914, and 952 of Title 29, Labor, and enacted provisions set out as

notes under sections 1102 and 3401 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3401 of this title and Tables.

-CITE-

20 USC Sec. 3403 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3403. Relationship with States

-STATUTE-

(a) Rights of local governments and educational institutions

It is the intention of the Congress in the establishment of the

Department to protect the rights of State and local governments and

public and private educational institutions in the areas of

educational policies and administration of programs and to

strengthen and improve the control of such governments and

institutions over their own educational programs and policies. The

establishment of the Department of Education shall not increase the

authority of the Federal Government over education or diminish the

responsibility for education which is reserved to the States and

the local school systems and other instrumentalities of the States.

(b) Curriculum, administration, and personnel; library resources

No provision of a program administered by the Secretary or by any

other officer of the Department shall be construed to authorize the

Secretary or any such officer to exercise any direction,

supervision, or control over the curriculum, program of

instruction, administration, or personnel of any educational

institution, school, or school system, over any accrediting agency

or association, or over the selection or content of library

resources, textbooks, or other instructional materials by any

educational institution or school system, except to the extent

authorized by law.

(c) Funding under pre-existing programs

The Secretary shall not, during the period within eight months

after May 4, 1980, take any action to withhold, suspend, or

terminate funds under any program transferred by this chapter by

reason of the failure of any State to comply with any applicable

law requiring the administration of such a program through a single

organizational unit.

-SOURCE-

(Pub. L. 96-88, title I, Sec. 103, Oct. 17, 1979, 93 Stat. 670.)

-COD-

CODIFICATION

In subsec. (c), ''May 4, 1980'' substituted for ''the effective

date of this chapter'' pursuant to section 601 of Pub. L. 96-88,

set out as an Effective Date note under section 3401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1099c-1, 3224a of this

title.

-CITE-

20 USC Sec. 3404 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3404. Definitions

-STATUTE-

As used in this chapter, unless otherwise provided or indicated

by the context -

(1) the term ''Department'' means the Department of Education

or any component thereof;

(2) the term ''Secretary'' means the Secretary of Education;

(3) the term ''Deputy Secretary'' means the Deputy Secretary of

Education;

(4) the term ''function'' includes any duty, obligation, power,

authority, responsibility, right, privilege, activity, or

program;

(5) the term ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American

Samoa, the Northern Mariana Islands, and the Trust Territory of

the Pacific Islands;

(6) the terms ''private'' and ''private educational'' refer to

independent, nonpublic, and private institutions of elementary,

secondary, and postsecondary education; and

(7) the term ''office'' includes any office, institute,

council, unit, organizational entity, or component thereof.

-SOURCE-

(Pub. L. 96-88, title I, Sec. 104, Oct. 17, 1979, 93 Stat. 671;

Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 112(a)(3)(A)),

Nov. 5, 1990, 104 Stat. 1427, 1454.)

-MISC1-

AMENDMENTS

1990 - Par. (3). Pub. L. 101-509 substituted ''Deputy Secretary''

for ''Under Secretary'' in two places.

EFFECTIVE DATE OF 1990 AMENDMENT; CONTINUED SERVICE BY INCUMBENTS

Section 529 (title I, Sec. 112(e)) of Pub. L. 101-509 provided

that:

''(1) This section (amending this section, section 3412 of this

title, sections 5313 and 5314 of Title 5, Government Organization

and Employees, section 472a of Title 25, Indians, section 3533 of

Title 42, The Public Health and Welfare, and section 1452 of Title

43, Public Lands and enacting provisions set out as notes under

this section and section 3501 of Title 42) shall take effect on the

first day of the first pay period that begins on or after the date

of enactment of this Act (Nov. 5, 1990).

''(2)(A) The incumbent in the position of Under Secretary of

Health and Human Services on the day immediately preceding the date

this section takes effect may serve as Deputy Secretary of Health

and Human Services at the pleasure of the President after such day.

''(B) The incumbent in the position of Under Secretary of the

Interior on the day immediately preceding the date this section

takes effect may serve as Deputy Secretary of the Interior at the

pleasure of the President after such day.

''(C) The incumbent in the position of Under Secretary of

Education on the day immediately preceding the date this section

takes effect may serve as Deputy Secretary of Education at the

pleasure of the President after such day.

''(D) The incumbent in the position of Under Secretary of Housing

and Urban Development on the day immediately preceding the date

this section takes effect may serve as Deputy Secretary of Housing

and Urban Development at the pleasure of the President after such

day.''

CONSTRUCTION OF REFERENCES

Section 529 (title I, Sec. 112(c)) of Pub. L. 101-509 provided

that: ''Any reference in any statute, reorganization plan,

regulation, executive order, or any document issued pursuant

thereto in force on the date this section takes effect (see

Effective Date of 1990 Amendment; Continued Service by Incumbents

note above) to the Under Secretary of Health and Human Services,

the Under Secretary of the Interior, the Under Secretary of

Education, or the Under Secretary of Housing and Urban Development

shall be deemed to be a reference to the Deputy Secretary of Health

and Human Services, the Deputy Secretary of the Interior, the

Deputy Secretary of Education, or the Deputy Secretary of Housing

and Urban Development, respectively.''

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

20 USC SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

.

-HEAD-

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-CITE-

20 USC Sec. 3411 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3411. Establishment of Department; appointment of Secretary

-STATUTE-

There is established an executive department to be known as the

Department of Education. The Department shall be administered, in

accordance with the provisions of this chapter, under the

supervision and direction of a Secretary of Education. The

Secretary shall be appointed by the President, by and with the

advice and consent of the Senate.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 201, Oct. 17, 1979, 93 Stat. 671.)

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the

Secretary of Education, see Parts 1, 2, and 6 of Ex. Ord. No.

12656, Nov. 18, 1988, 53 F.R. 47491, set out under section 5195 of

Title 42, The Public Health and Welfare.

-EXEC-

EXECUTIVE ORDER NO. 12729

Ex. Ord. No. 12729, Sept. 24, 1990, 55 F.R. 39389, which

established the President's Advisory Commission on Educational

Excellence for Hispanic Americans, directed Secretary of Education

to establish the White House Initiative on Educational Excellence

for Hispanic Americans, set forth reporting requirements, and

required active involvement of executive departments and agencies,

was revoked by Ex. Ord. No. 12900, Sec. 10, Feb. 22, 1994, 59 F.R.

9061, formerly set out below.

EXECUTIVE ORDER NO. 12900

Ex. Ord. No. 12900, Feb. 22, 1994, 59 F.R. 9061, which

established in the Department of Education the President's Advisory

Commission on Educational Excellence for Hispanic Americans and the

White House Initiative on Educational Excellence for Hispanic

Americans and directed the Secretary of Education to submit to the

President an Annual Federal Plan to Promote Hispanic American

Educational Excellence and the Director of the Office of Personnel

Management to develop a program to promote recruitment of Hispanic

students for positions in the Federal Government, was revoked by

Ex. Ord. No. 13230, Sec. 9, Oct. 12, 2001, 66 F.R. 52843, set out

below.

EX. ORD. NO. 13230. PRESIDENT'S ADVISORY COMMISSION ON EDUCATIONAL

EXCELLENCE FOR HISPANIC AMERICANS

Ex. Ord. No. 13230, Oct. 12, 2001, 66 F.R. 52841, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

advance the development of human potential, strengthen the Nation's

capacity to provide high-quality education, and increase

opportunities for Hispanic Americans to participate in and benefit

from Federal education programs, it is hereby ordered as follows:

Section 1. There is established, in the Department of Education,

the President's Advisory Commission on Educational Excellence for

Hispanic Americans (Commission). The Commission shall consist of

not more than 25 members. Twenty-one of the members shall be

appointed by the President. Those members shall be representatives

of educational, business, professional, and community organizations

who are committed to improving educational attainment within the

Hispanic community, as well as other persons deemed appropriate by

the President. The President shall designate two of the appointed

members to serve as Co-Chairs of the Commission. The other four

members of the Commission shall be ex officio members, one each

from the Department of Education, the Department of Housing and

Urban Development, the Department of the Treasury, and the Small

Business Administration. The ex officio members shall be the

respective Secretaries of those agencies and the Administrator of

the Small Business Administration, or their designees.

Sec. 2. The Commission shall provide advice to the Secretary of

Education (''Secretary'') and shall issue reports to the President,

as described in section 7 below, concerning:

(a) the progress of Hispanic Americans in closing the academic

achievement gap and attaining the goals established by the

President's ''No Child Left Behind'' educational blueprint;

(b) the development, monitoring, and coordination of Federal

efforts to promote high-quality education for Hispanic Americans;

(c) ways to increase parental, State and local, private sector,

and community involvement in improving education; and

(d) ways to maximize the effectiveness of Federal education

initiatives within the Hispanic community.

Sec. 3. There is established, in the Department of Education, an

office called the White House Initiative on Educational Excellence

for Hispanic Americans (Initiative). The Initiative shall be

located at, staffed, and supported by the Department of Education,

and headed by a Director, who shall be a senior level executive

branch official who reports to the Secretary. The Initiative shall

provide the necessary staff, resources, and assistance to the

Commission and shall assist and advise the Secretary in carrying

out his responsibilities under this order. The staff of the

Initiative shall gather and disseminate information relating to the

educational achievement gap of Hispanic Americans, using a variety

of means, including conducting surveys, conferences, field

hearings, and meetings, and other appropriate vehicles designed to

encourage the participation of organizations and individuals

interested in such issues, including parents, community leaders,

academicians, business leaders, teachers, employers, employees and

public officials at the local, State, and Federal levels. To the

extent permitted by law, executive branch departments and agencies

shall cooperate in providing resources, including personnel

detailed to the Initiative, to meet the objectives of this order.

The Initiative shall include both career civil service and

appointed staff with expertise in the area of education.

Sec. 4. Executive branch departments and agencies, to the extent

permitted by law and practicable, shall provide any appropriate

information requested by the Commission or the staff of the

Initiative, including data relating to the eligibility for and

participation by Hispanic Americans in Federal education programs

and the progress of Hispanic Americans in closing the academic

achievement gap and in achieving the goals of the President's ''No

Child Left Behind'' education blueprint. Where adequate data are

not available, the Commission shall suggest the means for

collecting the data. In accordance with the accountability goals

established by the President, executive branch departments and

agencies involved in relevant programs shall report to the

President through the Initiative by September 30, 2002, on:

(a) efforts to increase participation of Hispanic Americans in

Federal education programs and services;

(b) efforts to include Hispanic-serving school districts,

Hispanic-serving institutions, and other educational institutions

for Hispanic Americans in Federal education programs and services;

(c) levels of participation attained by Hispanic Americans in

Federal education programs and services; and

(d) the measurable impact resulting from these efforts and levels

of participation. The Department of Education's report also shall

describe the overall condition of Hispanic American education and

such other aspects of the educational status of Hispanic Americans,

as the Secretary considers appropriate.

Sec. 5. Insofar as the Federal Advisory Committee Act, as amended

(5 U.S.C. App), may apply to the Commission, any functions of the

President under that Act, except that of reporting to the Congress,

shall be performed by the Department of Education in accordance

with the guidelines that have been issued by the Administrator of

General Services.

Sec. 6. (a) Members of the Commission shall serve without

compensation, but shall be allowed travel expenses, including per

diem in lieu of subsistence, as authorized by law for persons

serving intermittently in the Government service (5 U.S.C.

5701-5707).

(b) To the extent permitted by law, the Department of Education

shall provide funding and administrative support for the Commission

and the Initiative.

Sec. 7. The Commission shall prepare and submit an interim and

final report to the President outlining its findings and

recommendations as follows:

(a) The Commission shall submit an Interim Report no later than

September 30, 2002. The Interim Report shall describe the

Commission's examination of:

(i) available research and information on the effectiveness of

current practices at the local, State, and Federal levels in

closing the educational achievement gap for Hispanic Americans

and attaining the goals established by the President's ''No Child

Left Behind'' educational blueprint;

(ii) available research and information on the effectiveness of

current practices involving Hispanic parents in the education of

their children; and

(iii) the appropriate role of Federal agencies' education

programs in helping Hispanic parents successfully prepare their

children to graduate from high school and attend post secondary

institutions.

(b) The Commission shall issue a Final Report no later than March

31, 2003. The Final Report shall set forth the Commission's

recommendations regarding:

(i) a multi-year plan, based on the data collected concerning

identification of barriers to and successful models for closing

the educational achievement gap for Hispanic Americans, that

provides for a coordinated effort among parents, community

leaders, business leaders, educators, and public officials at the

local, State, and Federal levels to close the educational

achievement gap for Hispanic Americans and ensure attainment of

the goals established by the President's ''No Child Left Behind''

educational blueprint.

(ii) the development of a monitoring system that measures and

holds executive branch departments and agencies accountable for

the coordination of Federal efforts among the designated

executive departments and agencies to ensure the participation of

Hispanic Americans in Federal education programs and promote

high-quality education for Hispanic Americans;

(iii) the identification of successful methods employed

throughout the Nation in increasing parental, State and local,

private sector, and community involvement in improving education

for Hispanic Americans;

(iv) ways to improve on and measure the effectiveness of

Federal agencies' education programs in ensuring that Hispanic

Americans close the educational achievement gap and attain the

goals established by the President's ''No Child Left Behind''

educational blueprint; and

(v) how Federal Government education programs can best be

applied to ensure Hispanic parents successfully prepare their

children to attend post secondary institutions.

Sec. 8. The Commission shall terminate 30 days after submitting

its final report, unless extended by the President.

Sec. 9. Executive Order 12900 of February 22, 1994, as amended,

is revoked. George W. Bush.

EXTENSION OF TERM OF PRESIDENT'S ADVISORY COMMISSION ON EDUCATIONAL

EXCELLENCE FOR HISPANIC AMERICANS

Term of President's Advisory Commission on Educational Excellence

for Hispanic Americans extended until Sept. 30, 1997, by Ex. Ord.

No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as a

note under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5, Government Organization and Employees.

Term of President's Advisory Commission on Educational Excellence

for Hispanic Americans extended until Sept. 30, 1999, by Ex. Ord.

No. 13062, Sec. 1(d), Sept. 29, 1997, 62 F.R. 51755, formerly set

out as a note under section 14 of the Federal Advisory Committee

Act in the Appendix to Title 5.

Term of President's Advisory Commission on Educational Excellence

for Hispanic Americans extended until Sept. 30, 2001, by Ex. Ord.

No. 13138, Sept. 30, 1999, 64 F.R. 53879, formerly set out as a

note under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of President's Advisory Commission on Educational Excellence

for Hispanic Americans extended until Sept. 30, 2003, by Ex. Ord.

No. 13225, Sept. 28, 2001, 66 F.R. 50291, set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5.

-CITE-

20 USC Sec. 3412 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3412. Principal officers

-STATUTE-

(a) Deputy Secretary of Education

(1) There shall be in the Department a Deputy Secretary of

Education who shall be appointed by the President, by and with the

advice and consent of the Senate. During the absence or disability

of the Secretary, or in the event of a vacancy in the office of the

Secretary, the Deputy Secretary shall act as Secretary. The

Secretary shall designate the order in which other officials of the

Department shall act for and perform the functions of the Secretary

during the absence or disability of both the Secretary and Deputy

Secretary or in the event of vacancies in both of those offices.

(2)(A) The Deputy Secretary shall have responsibility for the

conduct of intergovernmental relations of the Department, including

assuring (i) that the Department carries out its functions in a

manner which supplements and complements the education policies,

programs, and procedures of the States and the local school systems

and other instrumentalities of the States, and (ii) that

appropriate officials of the Department consult with individuals

responsible for making policy relating to education in the States

and the local school systems and other instrumentalities of the

States concerning differences over education policies, programs,

and procedures and concerning the impact of the rules and

regulations of the Department on the States and the local school

systems and other instrumentalities of the States.

(B) Local education authorities may inform the Deputy Secretary

of any rules or regulations of the Department which are in conflict

with another rule or regulation issued by any other Federal

department or agency or with any other office of the Department. If

the Deputy Secretary determines, after consultation with the

appropriate Federal department or agency, that such a conflict does

exist, the Deputy Secretary shall report such conflict or conflicts

to the appropriate Federal department or agency together with

recommendations for the correction of the conflict.

(b) Assistant Secretaries and General Counsel

(1) There shall be in the Department -

(A) an Assistant Secretary for Elementary and Secondary

Education;

(B) an Assistant Secretary for Postsecondary Education;

(C) an Assistant Secretary for Vocational and Adult Education;

(D) an Assistant Secretary for Special Education and

Rehabilitative Services;

(E) an Assistant Secretary for Civil Rights; and

(F) a General Counsel.

(2) Each of the Assistant Secretaries and the General Counsel

shall be appointed by the President, by and with the advice and

consent of the Senate.

(3) There shall be in the Department, a Special Assistant for

Gender Equity who shall be appointed by the Secretary. The Special

Assistant shall promote, coordinate, and evaluate gender equity

programs, including the dissemination of information, technical

assistance, and coordination of research activities. The Special

Assistant shall advise the Secretary and Deputy Secretary on all

matters relating to gender equity.

(4) There shall be in the Department a Director of the Institute

of Education Sciences who shall be appointed in accordance with

section 114(a) of the Education Sciences Reform Act of 2002 (20

U.S.C. 9514(a)) and perform the duties described in that Act (20

U.S.C. 9501 et seq.).

(c) Inspector General

There shall be in the Department an Inspector General appointed

in accordance with the Inspector General Act of 1978.

(d) Under Secretary of Education

There may be in the Department an Under Secretary of Education

who shall perform such functions as the Secretary may prescribe.

The Under Secretary shall be appointed by the President, by and

with the advice and consent of the Senate.

(e) Additional officers

There shall be in the Department four additional officers who

shall be appointed by the President, by and with the advice and

consent of the Senate. The officers appointed under this subsection

shall perform such functions as the Secretary shall prescribe,

including -

(1) congressional relations functions;

(2) public information functions, including the provision,

through the use of the latest technologies, of useful information

about education and related opportunities to students, parents,

and communities;

(3) functions related to monitoring parental and public

participation in programs where such participation is required by

law, and encouraging the involvement of parents, students, and

the public in the development and implementation of departmental

programs;

(4) management and budget functions;

(5) planning, evaluation, and policy development functions,

including development of policies to promote the efficient and

coordinated administration of the Department and its programs and

to encourage improvements in education; and

(6) functions related to encouraging and promoting the study of

foreign languages and the study of cultures of other countries at

the elementary, secondary, and postsecondary levels.

(f) Statements of functions of nominees

Whenever the President submits the name of an individual to the

Senate for confirmation as an officer of the Department under this

section, the President shall state the particular functions of the

Department such individual will exercise upon taking office.

(g) Supervision by Secretary

Each officer of the Department established under this section

shall report directly to the Secretary and shall, in addition to

any functions vested in or required to be delegated to such

officer, perform such additional functions as the Secretary may

prescribe.

(h) Coordination of literacy related functions by Assistant

Secretary for Vocational and Adult Education

The Assistant Secretary for Vocational and Adult Education, in

addition to performing such functions as the Secretary may

prescribe, shall have responsibility for coordination of all

literacy related programs and policy initiatives in the Department.

The Assistant Secretary for Vocational and Adult Education shall

assist in coordinating the related activities and programs of other

Federal departments and agencies.

(i) Liaison for Community and Junior Colleges

(1) There shall be in the Department a Liaison for Community and

Junior Colleges, who shall be an officer of the Department

appointed by the Secretary.

(2) The Secretary shall appoint, not later than 6 months after

July 23, 1992, as the Liaison for Community and Junior Colleges a

person who -

(A) has attained an associate degree from a community or junior

college; or

(B) has been employed in a community or junior college setting

for not less than 5 years.

(3) The Liaison for Community and Junior Colleges shall -

(A) serve as principal advisor to the Secretary on matters

affecting community and junior colleges;

(B) provide guidance to programs within the Department dealing

with functions affecting community and junior colleges; and

(C) work with the Federal Interagency Committee on Education to

improve coordination of -

(i) the outreach programs in the numerous Federal departments

and agencies that administer education and job training

programs;

(ii) collaborative business education partnerships; and

(iii) education programs located in, and regarding, rural

areas.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 202, Oct. 17, 1979, 93 Stat. 671;

Pub. L. 99-145, title XII, Sec. 1204(a)(1), Nov. 8, 1985, 99 Stat.

720; Pub. L. 101-509, title V, Sec. 529 (title I, Sec.

112(a)(3)(B)), Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 102-73,

title I, Sec. 101, July 25, 1991, 105 Stat. 334; Pub. L. 102-103,

title II, Sec. 201, Aug. 17, 1991, 105 Stat. 498; Pub. L. 102-325,

title XV, Sec. 1553(a), July 23, 1992, 106 Stat. 838; Pub. L.

103-227, title IX, Sec. 913, Mar. 31, 1994, 108 Stat. 223; Pub. L.

103-382, title II, Sec. 271(b), Oct. 20, 1994, 108 Stat. 3929; Pub.

L. 107-110, title X, Sec. 1072(e)(2), Jan. 8, 2002, 115 Stat. 2089;

Pub. L. 107-279, title IV, Sec. 402(1), Nov. 5, 2002, 116 Stat.

1984.)

-REFTEXT-

REFERENCES IN TEXT

The Education Sciences Reform Act of 2002, referred to in subsec.

(b)(4), is title I of Pub. L. 107-279, Nov. 5, 2002, 116 Stat.

1941, which is classified generally to subchapter I (Sec. 9501 et

seq.) of chapter 76 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

9501 of this title and Tables.

The Inspector General Act of 1978, referred to in subsec. (c), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-279 added par. (4) and struck

out former par. (4) which read as follows: ''There shall be in the

Department an Assistant Secretary for Educational Research and

Improvement who shall be -

''(A) appointed by the President, by and with the consent of

the Senate; and

''(B) selected (giving due consideration to recommendations

from the National Educational Research Policy and Priorities

Board) from among individuals who -

''(i) are distinguished educational researchers or

practitioners;

''(ii) have proven management ability; and

''(iii) have substantial knowledge of education within the

United States.''

Subsec. (b)(3), (4). Pub. L. 107-110 redesignated par. (3),

relating to Assistant Secretary for Educational Research and

Improvement, as (4).

1994 - Subsec. (b)(1)(E) to (G). Pub. L. 103-227, Sec. 913(1),

redesignated subpars. (F) and (G) as (E) and (F), respectively, and

struck out former subpar. (E) which read as follows: ''an Assistant

Secretary for Educational Research and Improvement;''.

Subsec. (b)(3). Pub. L. 103-382 added par. (3) relating to

Special Assistant for Gender Equity.

Pub. L. 103-227, Sec. 913(2), added par. (3) relating to

Assistant Secretary for Educational Research and Improvement.

1992 - Subsec. (i). Pub. L. 102-325 added subsec. (i).

1991 - Subsecs. (d), (e). Pub. L. 102-103 added subsec. (d) and

redesignated former subsec. (d) as (e).

Subsec. (h). Pub. L. 102-73 added subsec. (h).

1990 - Subsec. (a). Pub. L. 101-509 substituted ''a Deputy

Secretary'' for ''an Under Secretary'' in first sentence of par.

(1) and ''Deputy Secretary'' for ''Under Secretary'' wherever

appearing elsewhere in pars. (1) and (2).

1985 - Subsec. (e). Pub. L. 99-145 struck out subsec. (e) which

provided for presence in the Department of Education of an

Administrator of Education for Overseas Dependents.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of this

title.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 203 of title II of Pub. L. 102-103 provided that:

''(a) In General. - This Act (probably should be ''this title'',

meaning title II of Pub. L. 102-103, amending this section and

section 5314 of Title 5, Government Organization and Employees)

shall take effect on the first day of the first Department of

Education pay period that begins on or after the date of enactment

of this Act (Aug. 17, 1991).

''(b) Special Rule. - An incumbent in a position within the

Department of Education on the day preceding the day that this Act

takes effect who has been appointed by the President to a position

within the Department of Education with the advice and consent of

the Senate may serve as the Under Secretary at the pleasure of the

President after the day preceding the day that this Act takes

effect.''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on first day of first pay

period beginning on or after Nov. 5, 1990, with continued service

by incumbent Under Secretary of Education, see section 529 (title

I, Sec. 112(e)) of Pub. L. 101-509, set out as a note under section

3404 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3413, 3414, 3415, 3416,

3417, 3421, 3473 of this title.

-CITE-

20 USC Sec. 3413 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3413. Office for Civil Rights

-STATUTE-

(a) Establishment; administration; delegation of functions

There shall be in the Department an Office for Civil Rights, to

be administered by the Assistant Secretary for Civil Rights

appointed under section 3412(b) of this title. Notwithstanding the

provisions of section 3472 of this title, the Secretary shall

delegate to the Assistant Secretary for Civil Rights all functions,

other than administrative and support functions, transferred to the

Secretary under section 3441(a)(3) of this title.

(b) Compliance and enforcement reports; copies submitted to

Secretary

(1) The Assistant Secretary for Civil Rights shall make an annual

report to the Secretary, the President, and the Congress

summarizing the compliance and enforcement activities of the Office

for Civil Rights and identifying significant civil rights or

compliance problems as to which such Office has made a

recommendation for corrective action and as to which, in the

judgment of the Assistant Secretary, adequate progress is not being

made.

(2) Notwithstanding any other provision of law, the report

required by paragraph (1) shall be transmitted to the Secretary,

the President, and the Congress by the Assistant Secretary for

Civil Rights without further clearance or approval. The Assistant

Secretary shall provide copies of the report required by paragraph

(1) to the Secretary sufficiently in advance of its submission to

the President and the Congress to provide a reasonable opportunity

for comments of the Secretary to be appended to the report.

(c) Authority of Assistant Secretary

In addition to the authority otherwise provided under this

section, the Assistant Secretary for Civil Rights, in carrying out

the provisions of this section, is authorized -

(1) to collect or coordinate the collection of data necessary

to ensure compliance with civil rights laws within the

jurisdiction of the Office for Civil Rights;

(2) to select, appoint, and employ such officers and employees,

including staff attorneys, as may be necessary to carry out the

functions of such Office, subject to the provisions of title 5

governing appointments in the competitive service and the

provisions of chapter 51 and subchapter III of chapter 53 of such

title relating to classification and General Schedule pay rates;

(3) to enter into contracts and other arrangements for audits,

studies, analyses, and other services with public agencies and

with private organizations and persons, and to make such payments

as may be necessary to carry out the compliance and enforcement

functions of such Office; and

(4) notwithstanding any other provision of this chapter, to

obtain services as authorized by section 3109 of title 5 at a

rate not to exceed the equivalent daily rate payable for grade

GS-18 of the General Schedule under section 5332 of such title.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 203, Oct. 17, 1979, 93 Stat. 673.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (c)(2), are classified

to section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC2-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b)(1) of this section relating to making an annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 82 of House Document No. 103-7.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 3414 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3414. Office of Elementary and Secondary Education; inclusion

of Office of Migrant Education

-STATUTE-

There shall be in the Department an Office of Elementary and

Secondary Education, to be administered by the Assistant Secretary

for Elementary and Secondary Education appointed under section

3412(b) of this title. The Assistant Secretary shall administer

such functions affecting elementary and secondary education, both

public and private, as the Secretary shall delegate. There shall

be within the Office of Elementary and Secondary Education and

directly under the supervision of the Assistant Secretary for

Elementary and Secondary Education, an Office of Migrant Education,

which shall be responsible for the administration of programs

established by part C of title I of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6391 et seq.) and by subpart 5 of

part A of title IV of the Higher Education Act of 1965 (20 U.S.C.

1070d-2).

-SOURCE-

(Pub. L. 96-88, title II, Sec. 204, Oct. 17, 1979, 93 Stat. 674;

Pub. L. 98-511, title VII, Sec. 701(a), Oct. 19, 1984, 98 Stat.

2405; Pub. L. 103-382, title III, Sec. 391(h), Oct. 20, 1994, 108

Stat. 4023.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in text, is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended.

Part C of title I of the Act is classified generally to part C

(Sec. 6391 et seq.) of subchapter I of chapter 70 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 6301 of this title and Tables.

The Higher Education Act of 1965, referred to in text, is Pub. L.

89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Subpart 5 of part

A of title IV of this Act is classified generally to subpart 5

(Sec. 1070d-2) of part A of subchapter IV of chapter 28 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of this title and

Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-382 substituted ''part C'' for ''subpart 1 of

part B''.

1984 - Pub. L. 98-511 inserted provisions establishing the Office

of Migrant Education and specifying its functions.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-511 effective Oct. 19, 1984, see section

711(a) of Pub. L. 98-511, set out as a note under section 1226c of

this title.

-CITE-

20 USC Sec. 3415 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3415. Office of Postsecondary Education

-STATUTE-

There shall be in the Department an Office of Postsecondary

Education, to be administered by the Assistant Secretary for

Postsecondary Education appointed under section 3412(b) of this

title. The Assistant Secretary shall administer such functions

affecting postsecondary education, both public and private, as the

Secretary shall delegate, and shall serve as the principal adviser

to the Secretary on matters affecting public and private

postsecondary education.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 205, Oct. 17, 1979, 93 Stat. 674.)

-CITE-

20 USC Sec. 3416 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3416. Office of Vocational and Adult Education

-STATUTE-

There shall be in the Department an Office of Vocational and

Adult Education, to be administered by the Assistant Secretary for

Vocational and Adult Education appointed under section 3412(b) of

this title. The Assistant Secretary shall administer such

functions affecting vocational and adult education as the Secretary

shall delegate, and shall serve as principal adviser to the

Secretary on matters affecting vocational and adult education. The

Secretary, through the Assistant Secretary, shall also provide a

unified approach to rural education and rural family education

through the coordination of programs within the Department and

shall work with the Federal Interagency Committee on Education to

coordinate related activities and programs of other Federal

departments and agencies.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 206, Oct. 17, 1979, 93 Stat. 674.)

-CITE-

20 USC Sec. 3417 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3417. Office of Special Education and Rehabilitative Services

-STATUTE-

There shall be in the Department an Office of Special Education

and Rehabilitative Services, to be administered by the Assistant

Secretary for Special Education and Rehabilitative Services

appointed under section 3412(b) of this title. Notwithstanding the

provisions of section 3472 of this title, the Secretary shall

delegate to the Assistant Secretary all functions, other than

administrative and support functions, transferred to the Secretary

under sections 3441(a)(1) of this title (with respect to the bureau

for the education and training of the handicapped), 3441(a)(2)(H)

of this title, and 3441(a)(4) of this title.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 207, Oct. 17, 1979, 93 Stat. 674.)

-CITE-

20 USC Sec. 3418 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3418. Repealed. Pub. L. 99-145, title XII, Sec. 1204(a)(1),

Nov. 8, 1985, 99 Stat. 720

-MISC1-

Section, Pub. L. 96-88, title II, Sec. 208, Oct. 17, 1979, 93

Stat. 674, provided for an Office of Education for Overseas

Dependents in Department of Education.

-CITE-

20 USC Sec. 3419 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3419. Institute of Education Sciences

-STATUTE-

There shall be in the Department of Education the Institute of

Education Sciences, which shall be administered in accordance with

the Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.)

by the Director appointed under section 114(a) of that Act (20

U.S.C. 9514(a)).

-SOURCE-

(Pub. L. 96-88, title II, Sec. 208, as added Pub. L. 107-279, title

IV, Sec. 402(2), Nov. 5, 2002, 116 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The Education Sciences Reform Act of 2002, referred to in text,

is title I of Pub. L. 107-279, Nov. 5, 2002, 116 Stat. 1941, which

is classified generally to subchapter I (Sec. 9501 et seq.) of

chapter 76 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 9501 of

this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 3419, Pub. L. 96-88, title II, Sec. 208, formerly

Sec. 209, Oct. 17, 1979, 93 Stat. 674; Pub. L. 103-227, title IX,

Sec. 911(b), Mar. 31, 1994, 108 Stat. 213; renumbered Sec. 208,

Pub. L. 103-382, title II, Sec. 271(a)(2), Oct. 20, 1994, 108 Stat.

3929, related to Office of Educational Research and Improvement,

prior to repeal by Pub. L. 107-279, title IV, Sec. 402(2), Nov. 5,

2002, 116 Stat. 1985.

A prior section 208 of Pub. L. 96-88 was classified to section

3418 of this title prior to repeal by Pub. L. 99-145.

-CITE-

20 USC Sec. 3420 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3420. Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English

Proficient Students

-STATUTE-

There shall be in the Department an Office of English Language

Acquisition, Language Enhancement, and Academic Achievement for

Limited English Proficient Students, to be administered by a

Director of English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students, who

shall be appointed by the Secretary. The Director shall coordinate

the administration of bilingual education programs by the

Department and shall consult with the Secretary concerning policy

decisions affecting bilingual education and minority languages

affairs. The Director shall report directly to the Secretary, and

shall perform such additional functions as the Secretary may

prescribe.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 209, formerly Sec. 210, Oct. 17,

1979, 93 Stat. 675; renumbered Sec. 209, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929; amended Pub. L.

107-110, title X, Sec. 1072(b), (c)(2)(A), (d), Jan. 8, 2002, 115

Stat. 2089.)

-MISC1-

PRIOR PROVISIONS

A prior section 209 of Pub. L. 96-88 was renumbered section 208

and was classified to section 3419 of this title, prior to repeal

by Pub. L. 107-279.

AMENDMENTS

2002 - Pub. L. 107-110, Sec. 1072(d), substituted ''Director of

English Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students'' for

''Director of Bilingual Education and Minority Languages Affairs''.

Pub. L. 107-110, Sec. 1072(b), (c)(2)(A), substituted ''Office of

English Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students'' for ''Office

of Bilingual Education and Minority Languages Affairs'' in section

catchline and in text.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7011 of this title.

-CITE-

20 USC Sec. 3421 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3421. Office of General Counsel

-STATUTE-

There shall be in the Department an Office of General Counsel, to

be administered by the General Counsel appointed under section

3412(b) of this title. The General Counsel shall provide legal

assistance to the Secretary concerning the programs and policies of

the Department.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 210, formerly Sec. 211, Oct. 17,

1979, 93 Stat. 675; renumbered Sec. 210, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-MISC1-

PRIOR PROVISIONS

A prior section 210 of Pub. L. 96-88 was renumbered section 209

and is classified to section 3420 of this title.

-CITE-

20 USC Sec. 3422 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3422. Office of Inspector General

-STATUTE-

There shall be in the Department an Office of Inspector General,

established in accordance with the Inspector General Act of 1978.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 211, formerly Sec. 212, Oct. 17,

1979, 93 Stat. 675; renumbered Sec. 211, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in text, is Pub.

L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set

out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 211 of Pub. L. 96-88 was renumbered section 210

and is classified to section 3421 of this title.

-CITE-

20 USC Sec. 3423 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3423. Repealed. Pub. L. 101-392, title VI, Sec. 602(a)(1),

Sept. 25, 1990, 104 Stat. 840

-MISC1-

Section, Pub. L. 96-88, title II, Sec. 213, Oct. 17, 1979, 93

Stat. 675, established the Intergovernmental Advisory Council on

Education.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1991, see section 702(a) of Pub. L.

101-392, set out as an Effective Date note under section 3423a of

this title.

-CITE-

20 USC Sec. 3423a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3423a. Office of Correctional Education

-STATUTE-

(a) Findings

The Congress finds and declares that -

(1) education is important to, and makes a significant

contribution to, the readjustment of incarcerated individuals to

society; and

(2) there is a growing need for immediate action by the Federal

Government to assist State and local educational programs for

criminal offenders in correctional institutions.

(b) Statement of purpose

It is the purpose of this subchapter to encourage and support

educational programs for criminal offenders in correctional

institutions.

(c) Establishment of Office

The Secretary of Education shall establish within the Department

of Education an Office of Correctional Education.

(d) Functions of Office

The Secretary, through the Office of Correctional Education

established under subsection (c) of this section, shall -

(1) coordinate all correctional education programs within the

Department of Education;

(2) provide technical support to State and local educational

agencies and schools funded by the Bureau of Indian Affairs on

correctional education programs and curricula;

(3) provide an annual report to the Congress on the progress of

the Office of Correctional Education and the status of

correctional education in the United States;

(4) cooperate with other Federal agencies carrying out

correctional education programs to ensure coordination of such

programs;

(5) consult with, and provide outreach to, State directors of

correctional education and correctional educators; and

(6) collect from States a sample of information on the number

of individuals who complete a vocational education sequence, earn

a high school degree or general equivalency diploma, or earn a

postsecondary degree while incarcerated and the correlation with

job placement, job retention, and recidivism.

(e) Definitions

As used in this section -

(1) the term ''criminal offender'' means any individual who is

charged with or convicted of any criminal offense, including a

youth offender or a juvenile offender;

(2) the term ''correctional institution'' means any -

(A) prison,

(B) jail,

(C) reformatory,

(D) work farm,

(E) detention center, or

(F) halfway house, community-based rehabilitation center, or

any other similar institution designed for the confinement or

rehabilitation of criminal offenders; and

(3) the term ''State educational agency'' means the State board

of education or other agency or officer primarily responsible for

the State supervision of public elementary and secondary schools,

or, if there is no such officer or agency, an officer or agency

designated by the Governor or by State law.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 212, formerly Sec. 214, as added

Pub. L. 101-392, title VI, Sec. 602(a)(3), Sept. 25, 1990, 104

Stat. 840; amended Pub. L. 103-322, title II, Sec. 20408(a), Sept.

13, 1994, 108 Stat. 1827; renumbered Sec. 212, Pub. L. 103-382,

title II, Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-MISC1-

PRIOR PROVISIONS

A prior section 212 of Pub. L. 96-88 was renumbered section 211

and is classified to section 3422 of this title.

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-322 substituted ''under

subsection (c)'' for ''under subsection (a)'' in introductory

provisions.

EFFECTIVE DATE

Section 702 of Pub. L. 101-392 provided that:

''(a) In General. - Except as provided in subsection (b), the

amendments made by this Act (enacting subchapter II of chapter 44

of this title, this section, sections 2311a, 2327, 2328, 2394 to

2394e, 2395 to 2395e, 2396 to 2396m, 2411 to 2420a, 2424, 2466b to

2466e, 2468, 2468b to 2468e, and 3423a of this title, and

subchapter III of chapter 20 of Title 25, Indians, amending

sections 2301, 2311 to 2313, 2321 to 2324, 2352, 2361 to 2363,

2382, 2391, 2392, 2401 to 2404, 2421 to 2423, 2451, 2463, and 2471

of this title, section 1812 of Title 25, and sections 49f, 1533,

1604, and 1661c of Title 29, Labor, repealing sections 1131, 2371

to 2373, 2376 to 2378, 2431, 2462, 2464, 2465, and 3423 of this

title, and amending provisions set out as a note under section 2301

of this title) shall take effect on July 1, 1991.

''(b) Special Rule. - Sections 3, 115, 116, 504, and 512 and part

H of title III of the Carl D. Perkins Vocational and Applied

Technology Education Act (former sections 2302, 2325, 2326, 2466a,

and 2468a of this title and former part H (Sec. 2397 et seq.) of

subchapter III of chapter 44 of this title) (as amended by this

Act) shall take effect upon the enactment of this Act (Sept. 25,

1990).''

-CITE-

20 USC Sec. 3423b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3423b. Office of Non-Public Education

-STATUTE-

There shall be in the Department an Office of Non-Public

Education to ensure the maximum potential participation of

non-public school students in all Federal educational programs for

which such students are eligible.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 214, as added Pub. L. 103-382, title

II, Sec. 271(c), Oct. 20, 1994, 108 Stat. 3929.)

-MISC1-

PRIOR PROVISIONS

A prior section 214 of Pub. L. 96-88 was renumbered section 212

and is classified to section 3423a of this title.

Another prior section 214 of Pub. L. 96-88 was renumbered section

217 and is classified to section 3424 of this title.

-CITE-

20 USC Sec. 3423c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3423c. Office of Indian Education

-STATUTE-

(a) Office of Indian Education

There shall be an Office of Indian Education (referred to in this

section as ''the Office'') in the Department of Education.

(b) Director

(1) Appointment and reporting

The Office shall be under the direction of the Director, who

shall be appointed by the Secretary and who shall report directly

to the Assistant Secretary for Elementary and Secondary

Education.

(2) Duties

The Director shall -

(A) be responsible for administering this title; (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(B) be involved in, and be primarily responsible for, the

development of all policies affecting Indian children and

adults under programs administered by the Office of Elementary

and Secondary Education;

(C) coordinate the development of policy and practice for all

programs in the Department relating to Indian persons; and

(D) assist the Assistant Secretary of the Office of

Educational Research and Improvement in identifying research

priorities related to the education of Indian persons.

(c) Indian preference in employment

(1) In general

The Secretary shall give a preference to Indian persons in all

personnel actions in the Office.

(2) Implementation

Such preference shall be implemented in the same fashion as the

preference given to any veteran under section 45 of title 25.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 215, as added Pub. L. 103-382, title

III, Sec. 372(2), Oct. 20, 1994, 108 Stat. 3977.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (b)(2)(A), is title II of Pub.

L. 96-88, Oct. 17, 1979, 93 Stat. 671, which is classified to this

subchapter, but probably should have been a reference to part A of

title IX of the Elementary and Secondary Education Act of 1965.

Part A of title IX of that Act was classified generally to part A

(Sec. 7801 et seq.) of subchapter IX of chapter 70 of this title,

prior to general amendment by Pub. L. 107-110, title IX, Sec. 901,

Jan. 8, 2002, 115 Stat. 1956. Provisions similar to those formerly

appearing in part A of title IX are contained in part A of title

VII of that Act, which is classified generally to part A (Sec. 7401

et seq.) of subchapter VII of chapter 70 of this title. For

complete classification of the Elementary and Secondary Education

Act of 1965 to the Code, see Short Title note set out under section

6301 of this title and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 215 of Pub. L. 96-88 was renumbered section 217

and is classified to section 3424 of this title.

Provisions similar to those in this section were contained in

section 2641 of Title 25, Indians, prior to repeal by Pub. L.

103-382, Sec. 367.

OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

The Office of Educational Research and Improvement was

established by section 3419 of this title. Section 3419 was

repealed and a new section 3419 establishing the Institute of

Educational Sciences was enacted by Pub. L. 107-279, title IV, Sec.

402(2), Nov. 5, 2002, 116 Stat. 1985.

-CITE-

20 USC Sec. 3423d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3423d. Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English

Proficient Students

-STATUTE-

(a) Establishment

There shall be, in the Department, an Office of English Language

Acquisition, Language Enhancement, and Academic Achievement for

Limited English Proficient Students through which the Secretary

shall carry out functions relating to bilingual education.

(b) Director

(1) In general

The Office shall be headed by a Director of English Language

Acquisition, Language Enhancement, and Academic Achievement for

Limited English Proficient Students, appointed by the Secretary,

to whom the Secretary shall delegate all delegable functions

relating to bilingual education. The Director shall also be

assigned responsibility for recommending improvements and

providing technical assistance to other Federal programs serving

language-minority and limited-English-proficient students and

their families and for assisting the Assistant Secretary of the

Office of Educational Research and Improvement in identifying

research priorities which reflect the needs of language-minority

and limited-English language proficient students.

(2) Organization

The Office shall be organized as the Director determines to be

appropriate in order to carry out such functions and

responsibilities effectively.

(3) Inclusion

The Secretary shall ensure that limited-English-proficient and

language-minority students are included in ways that are valid,

reliable, and fair under all standards and assessment development

conducted or funded by the Department.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 216, as added Pub. L. 103-382, title

III, Sec. 372(2), Oct. 20, 1994, 108 Stat. 3978; amended Pub. L.

107-110, title X, Sec. 1072(b), (c)(2)(B), (d), Jan. 8, 2002, 115

Stat. 2089.)

-COD-

CODIFICATION

Another section 216 of Pub. L. 96-88 was renumbered section 218

and is classified to section 3425 of this title.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-110, Sec. 1072(c)(2)(B), substituted ''Office

of English Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students'' for ''Office

of Bilingual Education and Minority Languages Affairs'' in section

catchline.

Subsec. (a). Pub. L. 107-110, Sec. 1072(b), substituted ''Office

of English Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students'' for ''Office

of Bilingual Education and Minority Languages Affairs''.

Subsec. (b)(1). Pub. L. 107-110, Sec. 1072(d), substituted

''Director of English Language Acquisition, Language Enhancement,

and Academic Achievement for Limited English Proficient Students''

for 'Director of Bilingual Education and Minority Languages

Affairs''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

The Office of Educational Research and Improvement was

established by section 3419 of this title. Section 3419 was

repealed and a new section 3419 establishing the Institute of

Educational Sciences was enacted by Pub. L. 107-279, title IV, Sec.

402(2), Nov. 5, 2002, 116 Stat. 1985.

-CITE-

20 USC Sec. 3424 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3424. Federal Interagency Committee on Education

-STATUTE-

(a) Establishment and function

There is established a Federal Interagency Committee on Education

(hereafter referred to in this section as the ''Committee''). The

Committee shall assist the Secretary in providing a mechanism to

assure that the procedures and actions of the Department and other

Federal departments and agencies are fully coordinated.

(b) Coordination of Federal programs, policies and practices

The Committee shall study and make recommendations for assuring

effective coordination of Federal programs, policies, and

administrative practices affecting education, including -

(1) consistent administration and development of policies and

practices among Federal agencies in the conduct of related

programs;

(2) full and effective communication among Federal agencies to

avoid unnecessary duplication of activities and repetitive

collection of data;

(3) full and effective cooperation with the Secretary on such

studies and analyses as are necessary to carry out the purposes

of this chapter;

(4) coordination of related programs to assure that recipients

of Federal assistance are efficiently and responsively served;

and

(5) full and effective involvement and participation of

students and parents in Federal education programs.

(c) Membership

The Committee shall be composed of the Secretary, who shall chair

the Committee, and senior policy making officials from those

Federal agencies, commissions, and boards that the President may

find appropriate.

(d) Designation of additional persons to attend meetings

The Director of the Office of Management and Budget, the Chairman

of the Council of Economic Advisers, the Director of the Office of

Science and Technology Policy, and the Executive Director of the

Domestic Policy Staff may each designate a staff member to attend

meetings of the Committee.

(e) Federal vocational education and training programs study;

report

The Committee shall conduct a study concerning the progress,

effectiveness, and accomplishments of Federal vocational education

and training programs, and the need for improved coordination

between all federally funded vocational education and training

programs. The Committee shall report the findings of such study to

the Secretary and the Congress within two years of October 17,

1979.

(f) Required meetings; establishment of subcommittees

The Committee shall meet at least twice each year. The Secretary

may establish subcommittees of the Committee to facilitate

coordination in important areas of Federal activity.

(g) Support assistance

The Secretary and the head of each agency represented on the

Committee under subsection (c) of this section shall furnish

necessary assistance to the Committee.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 217, formerly Sec. 214, Oct. 17,

1979, 93 Stat. 676; renumbered Sec. 215, Pub. L. 101-392, title VI,

Sec. 602(a)(2), Sept. 25, 1990, 104 Stat. 840; renumbered Sec. 217,

Pub. L. 103-382, title III, Sec. 372(1), Oct. 20, 1994, 108 Stat.

3977.)

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

20 USC Sec. 3425 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3425. Office of Educational Technology

-STATUTE-

(a) Establishment

There shall be in the Department of Education an Office of

Educational Technology (hereafter in this section referred to as

the ''Office''), to be administered by the Director of Educational

Technology. The Director of Educational Technology shall report

directly to the Secretary and shall perform such additional

functions as the Secretary may prescribe.

(b) Director

The Director of the Office of Educational Technology (hereafter

in this section referred to as the ''Director''), through the

Office, shall -

(1) in support of the overall national technology policy and in

consultation with other Federal departments or agencies which the

Director determines appropriate, provide leadership to the Nation

in the use of technology to promote achievement of the National

Education Goals and to increase opportunities for all students to

achieve State content and challenging State student performance

standards;

(2) review all programs and training functions administered by

the Department and recommend policies in order to promote

increased use of technology and technology planning throughout

all such programs and functions;

(3) review all relevant programs supported by the Department to

ensure that such programs are coordinated with and support the

national long-range technology plan developed pursuant to section

5862(b) (FOOTNOTE 1) of this title; and

(FOOTNOTE 1) See References in Text note below.

(4) perform such additional functions as the Secretary may

require.

(c) Officers and employees

The Director is authorized to select, appoint, and employ such

officers and employees as may be necessary to carry out the

functions of the Office, subject to the provisions of title 5

(governing appointments in the competitive service), and the

provisions of chapter 51 and subchapter III of chapter 53 of such

title (relating to classification and General Schedule pay rates).

(d) Experts and consultants

The Secretary may obtain the services of experts and consultants

in accordance with section 3109 of title 5.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 218, formerly Sec. 216, as added

Pub. L. 103-227, title II, Sec. 233(a), Mar. 31, 1994, 108 Stat.

154; renumbered Sec. 218, Pub. L. 107-110, title X, Sec.

1072(e)(3), Jan. 8, 2002, 115 Stat. 2090.)

-REFTEXT-

REFERENCES IN TEXT

Section 5862 of this title, referred to in subsec. (b)(3), was

repealed by Pub. L. 103-382, title III, Sec. 361(a), Oct. 20, 1994,

108 Stat. 3974.

The provisions of title 5 (governing appointments in the

competitive service), referred to in subsec. (c), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC2-

TRANSFER OF OFFICE OF TRAINING TECHNOLOGY TRANSFER

Section 236(a)(1) of Pub. L. 103-227 provided that: ''The Office

of Training Technology Transfer as established under section 6103

of the Training Technology Transfer Act of 1988 ((former) 20 U.S.C.

5093) is transferred to and established in the Office of

Educational Technology.''

-CITE-

20 USC Sec. 3426 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3426. Liaison for Proprietary Institutions of Higher Education

-STATUTE-

(a) Establishment

There shall be in the Department a Liaison for Proprietary

Institutions of Higher Education, who shall be an officer of the

Department appointed by the Secretary.

(b) Appointment

The Secretary shall appoint, not later than 6 months after

October 7, 1998, a Liaison for Proprietary Institutions of Higher

Education who shall be a person who -

(1) has attained a certificate or degree from a proprietary

institution of higher education; or

(2) has been employed in a proprietary institution setting for

not less than 5 years.

(c) Duties

The Liaison for Proprietary Institutions of Higher Education

shall -

(1) serve as the principal advisor to the Secretary on matters

affecting proprietary institutions of higher education;

(2) provide guidance to programs within the Department that

involve functions affecting proprietary institutions of higher

education; and

(3) work with the Federal Interagency Committee on Education to

improve the coordination of -

(A) the outreach programs in the numerous Federal departments

and agencies that administer education and job training

programs;

(B) collaborative business and education partnerships; and

(C) education programs located in, and involving, rural

areas.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 219, as added Pub. L. 105-244, title

IX, Sec. 961, Oct. 7, 1998, 112 Stat. 1836.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 3427 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

-HEAD-

Sec. 3427. Coordinator for the outlying areas

-STATUTE-

(a) Establishment

The Secretary shall designate an office of the Department to

coordinate the activities of the Department as they relate to the

outlying areas.

(b) Appointment

Not later than 90 days after January 8, 2002, the head of the

office designated under subsection (a) of this section shall

appoint a coordinator for the outlying areas, who shall be a person

with substantial experience in the operation of Federal programs in

the outlying areas.

(c) Duties

The coordinator for the outlying areas shall -

(1) serve as the principal advisor to the Department on Federal

matters affecting the outlying areas;

(2) evaluate, on a periodic basis, the needs of education

programs in the outlying areas;

(3) assist with the coordination of programs that serve the

outlying areas; and

(4) provide guidance to programs within the Department that

serve the outlying areas.

(d) Outlying areas defined

As used in this section, the term ''outlying areas'' includes

Guam, the Virgin Islands, American Samoa, and the Commonwealth of

the Northern Marianas Islands, but does not include the freely

associated states of the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau.

-SOURCE-

(Pub. L. 96-88, title II, Sec. 220, as added Pub. L. 107-110, title

X, Sec. 1072(a), Jan. 8, 2002, 115 Stat. 2088.)

-MISC1-

EFFECTIVE DATE

Section effective Jan. 8, 2002, except with respect to certain

noncompetitive programs and competitive programs, see section 5 of

Pub. L. 107-110, set out as a note under section 6301 of this

title.

-CITE-

20 USC SUBCHAPTER III - TRANSFERS OF AGENCIES AND

FUNCTIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

.

-HEAD-

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-CITE-

20 USC Sec. 3441 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3441. Transfers from Department of Health, Education, and

Welfare

-STATUTE-

(a) Functions transferred to Secretary

There are transferred to the Secretary -

(1) all functions of the Assistant Secretary for Education and

of the Commissioner of Education of the Department of Health,

Education, and Welfare, and all functions of the Office of such

Assistant Secretary and of the Education Division of the

Department of Health, Education, and Welfare and of any officer

or component of such Office or Division;

(2) all functions of the Secretary of Health, Education, and

Welfare and of the Department of Health, Education, and Welfare

under -

(A) the General Education Provisions Act (20 U.S.C. 1221 et

seq.);

(B) the Elementary and Secondary Education Act of 1965;

(C) the Higher Education Act of 1965 (20 U.S.C. 1001 et

seq.);

(D) the Education Amendments of 1978;

(E) the Act of August 30, 1890 (7 U.S.C. 321-328);

(F) the National Defense Education Act of 1958 (20 U.S.C. 401

et seq.);

(G) the International Education Act of 1966 (20 U.S.C. 1171

et seq.);

(H) the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.);

(I) part B of title V of the Economic Opportunity Act of 1964

(42 U.S.C. 2929 et seq.);

(J) the National Commission on Libraries and Information

Science Act (20 U.S.C. 1501 et seq.);

(K) the Vocational Education Act of 1963;

(L) the Career Education Incentive Act (20 U.S.C. 2601 et

seq.);

(M) laws relating to the relationship between (i) Gallaudet

College, Howard University, the American Printing House for the

Blind, and the National Technical Institute for the Deaf, and

(ii) the Department of Health, Education, and Welfare;

(N) the Model Secondary School for the Deaf Act (20 U.S.C.

693 et seq.);

(O) subpart A(C) of part IV of title III of the

Communications Act of 1934 (47 U.S.C. 395 et seq.) with respect

to the telecommunications demonstration program;

(P) section 550 of title 40 with respect to donations of

surplus property for educational purposes; and

(Q) the Alcohol and Drug Abuse Education Act (21 U.S.C. 1001

et seq.);

(3) all functions of the Secretary of Health, Education, and

Welfare and of the Department of Health, Education, and Welfare

with respect to or being administered by the Office for Civil

Rights which relate to functions transferred by this section;

(4)(A) all functions of the Secretary of Health, Education, and

Welfare and of the Department of Health, Education, and Welfare

under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.),

except that the provisions of this subparagraph shall not be

construed to transfer to the Secretary the functions of the

Secretary of Health, Education, and Welfare under sections 222

and 1615 of the Social Security Act (42 U.S.C. 422 and 1382d);

(B) all functions with respect to or being administered by the

Secretary of Health, Education, and Welfare through the

Commissioner of Rehabilitation Services under the Act of June 20,

1936, commonly referred to as the Randolph-Sheppard Act (20

U.S.C. 107 et seq.);

(C) all functions of the Commissioner of Rehabilitation and the

Director of the National Institute of Handicapped Research of the

Department of Health, Education, and Welfare under the

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);

(5) all functions of the Advisory Council on Education

Statistics; and

(6) all functions of the Federal Education Data Acquisition

Council.

(b) Offices, etc., transferred to Department

There are transferred to the Department -

(1) all offices in the Office of the Assistant Secretary for

Education or in the Education Division of the Department of

Health, Education, and Welfare;

(2) all offices in the Department of Health, Education, and

Welfare established under the provisions of law listed in

subparagraphs (A) through (Q) of subsection (a)(2) of this

section;

(3) all offices in the Department of Health, Education, and

Welfare established under the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.);

(4) the Advisory Council on Education Statistics;

(5) the Federal Education Data Acquisition Council; and

(6) any advisory committee of the Department of Health,

Education, and Welfare giving advice or making recommendations

that primarily concern education functions transferred by this

section.

(c) Administrative functions transferred to Secretary

There are transferred to the Secretary all functions of the

Secretary of Health, Education, and Welfare, the Assistant

Secretary for Education, or the Commissioner of Education of the

Department of Health, Education, and Welfare, as the case may be,

with respect to -

(1) the Education Division of the Department of Health,

Education, and Welfare;

(2) the Office of the Assistant Secretary for Education,

including the National Center for Education Statistics; and

(3) any advisory committee in the Department of Health,

Education, and Welfare giving advice and making recommendations

principally concerning education functions transferred by this

section.

(d) Reservation of functions relating to Project Head Start

Nothing in the provisions of this section or in the provisions of

this chapter shall authorize the transfer of functions under part A

of title V of the Economic Opportunity Act of 1964 (42 U.S.C. 2928

et seq.), relating to Project Head Start, from the Secretary of

Health, Education, and Welfare to the Secretary.

-SOURCE-

(Pub. L. 96-88, title III, Sec. 301, Oct. 17, 1979, 93 Stat. 677;

Pub. L. 101-476, title IX, Sec. 901(a)(2), Oct. 30, 1990, 104 Stat.

1142; Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII,

Sec. 709(b)(2)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-313.)

-REFTEXT-

REFERENCES IN TEXT

The General Education Provisions Act, referred to in subsec.

(a)(2)(A), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat.

814, as amended, which is classified generally to chapter 31 (Sec.

1221 et seq.) of this title. For complete classification of this

Act to the Code, see section 1221 of this title and Tables.

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(2)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended, which is classified generally to chapter 70 (Sec. 6301

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6301 of this

title and Tables.

The Higher Education Act of 1965, referred to in subsec.

(a)(2)(C), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as

amended, which is classified principally to chapter 28 (Sec. 1001

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1001 of this

title and Tables.

The Education Amendments of 1978, referred to in subsec.

(a)(2)(D), is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as

amended. For complete classification of this Act to the Code, see

Short Title of 1978 Amendment note set out under section 6301 of

this title and Tables.

Act of August 30, 1890 (7 U.S.C. 321-328), referred to in subsec.

(a)(2)(E), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended,

popularly known as the Agricultural College Act of 1890 and also as

the Second Morrill Act, which is classified generally to subchapter

II (Sec. 321 et seq.) of chapter 13 of Title 7, Agriculture. For

complete classification of this Act to the Code, see Short Title

note set out under section 321 of Title 7 and Tables.

The National Defense Education Act of 1958, referred to in

subsec. (a)(2)(F), is Pub. L. 85-864, Sept. 2, 1958, 72 Stat. 1580,

as amended, which was classified principally to chapter 17 (Sec.

401 et seq.) of this title prior to omission from the Code. For

complete classification of this Act to the Code, see Tables.

The International Education Act of 1966, referred to in subsec.

(a)(2)(G), is Pub. L. 89-698, Oct. 29, 1966, 80 Stat. 1066, as

amended, which was classified principally to chapter 29 (Sec. 1171

et seq.) of this title and was substantially repealed by section

601(c)(2) of Pub. L. 96-374. For complete classification of this

Act to the Code, see Tables.

The Individuals with Disabilities Education Act, referred to in

subsec. (a)(2)(H), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended, which is classified generally to chapter 33

(Sec. 1400 et seq.) of this title. For complete classification of

this Act to the Code, see section 1400 of this title and Tables.

The Economic Opportunity Act of 1964, referred to in subsecs.

(a)(2)(I) and (d), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508,

as amended. Parts A and B of title V of the Economic Opportunity

Act of 1964 were classified generally to parts A (Sec. 2928 et

seq.) and B (Sec. 2929 et seq.) of subchapter V of chapter 34 of

Title 42, The Public Health and Welfare, prior to repeal by Pub. L.

97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For

complete classification of this Act to the Code, see Tables.

The National Commission on Libraries and Information Science Act,

referred to in subsec. (a)(2)(J), is Pub. L. 91-345, July 20, 1970,

84 Stat. 440, as amended, which is classified generally to chapter

34 (Sec. 1501 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

1501 of this title and Tables.

The Vocational Education Act of 1963, referred to in subsec.

(a)(2)(K), was title I of Pub. L. 88-210, Dec. 18, 1963, 77 Stat.

403, as amended generally by Pub. L. 94-482, title II, Sec. 202(a),

Oct. 12, 1976, 90 Stat. 2169, which was classified to chapter 44

(Sec. 2301 et seq.) of this title, prior to amendment by Pub. L.

98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2435, striking out all

after the enacting clause and inserting in lieu thereof titles I to

V, to be cited as the Carl D. Perkins Vocational Education Act. The

Act was subsequently amended extensively by Pub. L. 101-392, Sept.

25, 1990, 104 Stat. 753, which renamed it the Carl D. Perkins

Vocational and Applied Technology Education Act, and amended

generally by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 Stat.

3076, which renamed it the Carl D. Perkins Vocational and Technical

Education Act of 1998. For additional details, see Codification

note preceding section 2301 of this title.

The Career Education Incentive Act, referred to in subsec.

(a)(2)(L), is Pub. L. 95-207, Dec. 13, 1977, 91 Stat. 1464, as

amended, which was classified principally to chapter 46 (Sec. 2601

et seq.) of this title prior to its repeal by Pub. L. 97-35, title

V, Sec. 587(a)(4), Aug. 13, 1981, 95 Stat. 480.

The Model Secondary School for the Deaf Act, referred to in

subsec. (a)(2)(N), is Pub. L. 89-694, Oct. 15, 1966, 80 Stat. 1027,

which was classified to subchapter II (Sec. 693 et seq.) of chapter

20B of this title, and was repealed by Pub. L. 99-371, title IV,

Sec. 410(c), Aug. 4, 1986, 100 Stat. 794. See section 4321 et seq.

of this title.

The Communications Act of 1934, referred to in subsec. (a)(2)(O),

is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended. Subpart

A of part IV of title III of the Act (which is classified

principally to subpart A (Sec. 390 et seq.) of part IV of

subchapter III of chapter 5 of Title 47, Telegraphs, Telephones,

and Radiotelegraphs) was amended by section 201 of Pub. L. 95-567,

Nov. 2, 1978, 92 Stat. 2409, and, as so amended, the provisions

relating to telecommunications demonstrations which had appeared in

subpart A were restated in a new subpart B (Sec. 395 et seq.).

Subpart B was subsequently redesignated subpart C by Pub. L.

101-437, title II, Sec. 203(a)(2), Oct. 17, 1990, 104 Stat. 998.

For complete classification of the 1934 Act to the Code, see

section 609 of Title 47 and Tables.

The Alcohol and Drug Abuse Education Act, referred to in subsec.

(a)(2)(Q), is Pub. L. 91-527, Dec. 3, 1970, 84 Stat. 1385, as

amended, which was classified generally to chapter 14 (Sec. 1001 et

seq.) of Title 21, Food and Drugs, prior to repeal by Pub. L.

97-35, title V, Sec. 587(a)(3), Aug. 13, 1981, 95 Stat. 480.

The Rehabilitation Act of 1973, referred to in subsecs.

(a)(4)(A), (C), and (b)(3), is Pub. L. 93-112, Sept. 26, 1973, 87

Stat. 355, as amended, which is classified generally to chapter 16

(Sec. 701 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

701 of Title 29 and Tables.

Act of June 20, 1936, commonly referred to as the

Randolph-Sheppard Act, referred to in subsec. (a)(4)(B), is act

June 20, 1936, ch. 638, 49 Stat. 1559, as amended, which is

classified generally to chapter 6A (Sec. 107 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 107 of this title and

Tables.

-COD-

CODIFICATION

''Section 550 of title 40'' substituted in subsec. (a)(2)(P) for

''section 203(k) of the Federal Property and Administrative

Services Act of 1949'' on authority of Pub. L. 107-217, Sec. 5(c),

Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted

Title 40, Public Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1996 - Subsec. (a)(5) to (7). Pub. L. 104-208, Sec. 101(e) (title

VII, Sec. 709(b)(2)(A)), redesignated pars. (6) and (7) as (5) and

(6), respectively, and struck out former par. (5) which transferred

all functions of the Institute of Museum Services of the Department

of Health, Education, and Welfare to the Secretary of Education.

Subsec. (b)(4) to (7). Pub. L. 104-208, Sec. 101(e) (title VII,

Sec. 709(b)(2)(B)), redesignated pars. (5) to (7) as (4) to (6),

respectively, and struck out former par. (4) which transferred the

offices, etc., of the Institute of Museum Services of the

Department of Health, Education, and Welfare to the Department of

Education.

1990 - Subsec. (a)(2)(H). Pub. L. 101-476 substituted

''Individuals with Disabilities Education Act'' for ''Education of

the Handicapped Act''.

-CHANGE-

CHANGE OF NAME

Gallaudet College, referred to in subsec. (a)(2)(M), redesignated

Gallaudet University by Pub. L. 99-371, title I, Sec. 101(a), Aug.

4, 1986, 100 Stat. 781, which is classified to section 4301(a) of

this title.

-MISC4-

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section

1001 of Pub. L. 101-476, set out as a note under section 1087ee of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3413, 3417 of this title.

-CITE-

20 USC Sec. 3442 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3442. Repealed. Pub. L. 99-145, title XII, Sec. 1204(a)(1),

Nov. 8, 1985, 99 Stat. 720

-MISC1-

Section, Pub. L. 96-88, title III, Sec. 302, Oct. 17, 1979, 93

Stat. 679; Pub. L. 97-252, title XI, Sec. 1118, Sept. 8, 1982, 96

Stat. 753; Pub. L. 98-94, title XII, Sec. 1223, Sept. 24, 1983, 97

Stat. 692, provided for transfers to Department and Secretary of

Education from Department and Secretary of Defense of functions

relating to operation of overseas schools for and education of

dependents and personnel, effectuation of transfers, and operation

of overseas institutions of higher education.

-CITE-

20 USC Sec. 3443 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3443. Transfers from Department of Labor

-STATUTE-

(a) Functions relating to programs for the education of migrant and

seasonal farmworkers

Notwithstanding the provisions of section 601 of this Act, there

shall be transferred to the Secretary, at such time on or after May

4, 1980, as the Secretary certifies that there has been established

in the Department a single component responsible for the

administration and the coordination of programs relating to the

education of migrants, all functions of the Secretary of Labor or

the Department of Labor relating to such education.

(b) Authorization to conduct functions

The Secretary is authorized to conduct the functions transferred

by subsection (a) of this section.

-SOURCE-

(Pub. L. 96-88, title III, Sec. 302, formerly Sec. 303, Oct. 17,

1979, 93 Stat. 680; renumbered Sec. 302, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929; amended Pub. L.

105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(d)(16)), Oct.

21, 1998, 112 Stat. 2681-337, 2681-421.)

-REFTEXT-

REFERENCES IN TEXT

Section 601 of this Act, referred to in subsec. (a), is section

601 of Pub. L. 96-88, which is set out as an Effective Date note

under section 3401 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 302 of Pub. L. 96-88 was classified to section

3442 of this title prior to repeal by Pub. L. 99-145.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-277 substituted ''relating to

such education'' for ''under section 303(c)(2) of the Comprehensive

Employment and Training Act''.

-CITE-

20 USC Sec. 3444 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3444. Transfer of programs from National Science Foundation

-STATUTE-

(a) Science education; exceptions

(1) There are transferred to the Secretary all programs relating

to science education of the National Science Foundation or the

Director of the National Science Foundation established prior to

May 4, 1980, pursuant to the National Science Foundation Act of

1950 (42 U.S.C. 1861 et seq.), except the programs or parts of

programs, as determined after review by the Director of the Office

of Science and Technology Policy and the Director of the National

Science Foundation, which relate to -

(A) scientific career development;

(B) the continuing education of scientific personnel;

(C) increasing the participation of women, minorities, and the

handicapped in careers in science;

(D) the conduct of basic and applied research and development

applied to science learning at all educational levels and the

dissemination of results concerning such research and

development; and

(E) informing the general public of the nature of science and

technology and of attendant values and public policy issues.

(2) Except as provided in paragraph (1), no mission oriented

research functions or programs of the National Science Foundation

or any other Federal agency shall be transferred by this chapter.

(b) Authority of Secretary; consultation and advice

The Secretary is authorized to conduct the programs transferred

by subsection (a) of this section. In conducting such programs the

Secretary shall consult, as appropriate, with the Director of the

National Science Foundation, and shall establish advisory

mechanisms designed to assure that scientists and engineers are

fully involved in the development, implementation, and review of

science education programs.

(c) Report by Secretary

The annual report to be transmitted by the Secretary pursuant to

section 3486 of this title shall include a description of

arrangements, developed by the Secretary in consultation with the

Director of the National Science Foundation, for coordinated

planning and operation of science education programs, including

measures to facilitate the implementations of successful

innovations.

(d) Reservation of certain Foundation authority

Nothing in this section is intended to repeal or limit the

authority of the National Science Foundation or the Director of the

National Science Foundation to initiate and conduct programs under

the National Science Foundation Act of 1950 (42 U.S.C. 1861 et

seq.).

-SOURCE-

(Pub. L. 96-88, title III, Sec. 303, formerly Sec. 304, Oct. 17,

1979, 93 Stat. 680; renumbered Sec. 303, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-REFTEXT-

REFERENCES IN TEXT

The National Science Foundation Act of 1950, referred to in

subsecs. (a)(1) and (d), is act May 10, 1950, ch. 171, 64 Stat.

149, as amended, which is classified generally to chapter 16 (Sec.

1861 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 1861 of Title 42 and Tables.

-COD-

CODIFICATION

In subsec. (a)(1), ''May 4, 1980'' substituted for ''the

effective date of this chapter'' pursuant to section 601 of Pub. L.

96-88, set out as an Effective Date note under section 3401 of this

title.

-MISC3-

PRIOR PROVISIONS

A prior section 303 of Pub. L. 96-88 was renumbered section 302

and is classified to section 3443 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1067a of this title.

-CITE-

20 USC Sec. 3445 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3445. Transfers from Department of Justice

-STATUTE-

There are transferred to the Secretary all functions of the

Attorney General and of the Law Enforcement Assistance

Administration with regard to the student loan and grant programs

known as the law enforcement education program and the law

enforcement intern program authorized by subsections (b), (c), and

(f) of section 406 (FOOTNOTE 1) of the Omnibus Crime Control and

Safe Streets Act of 1968.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 96-88, title III, Sec. 304, formerly Sec. 305, Oct. 17,

1979, 93 Stat. 680; renumbered Sec. 304, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-REFTEXT-

REFERENCES IN TEXT

Section 406 of the Omnibus Crime Control and Safe Streets Act of

1968, referred to in text, is section 406 of title I of Pub. L.

90-351, June 19, 1968, 82 Stat. 204, which was classified to

section 3746 of Title 42, The Public Health and Welfare. Title I of

the Act was amended generally by Pub. L. 96-157, Sec. 2, Dec. 27,

1979, 93 Stat. 1167, and provisions formerly contained in section

406 of the Act were contained in section 705 of part G of title I

of the Act, which was classified to section 3775 of Title 42.

Subsequently, part G of title I of the Act was amended generally by

Pub. L. 98-473, title II, Sec. 609A(a), Oct. 12, 1984, 98 Stat.

2090, and, as so amended, did not contain a section 705 or similar

provisions.

-MISC2-

PRIOR PROVISIONS

A prior section 304 of Pub. L. 96-88 was renumbered section 303

and is classified to section 3444 of this title.

-CITE-

20 USC Sec. 3446 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3446. Transfers from Department of Housing and Urban

Development

-STATUTE-

There are transferred to the Secretary all functions relating to

college housing loans of the Secretary of Housing and Urban

Development and of the Department of Housing and Urban Development

under title IV of the Housing Act of 1950 (12 U.S.C. 1749 et seq.).

-SOURCE-

(Pub. L. 96-88, title III, Sec. 305, formerly Sec. 306, Oct. 17,

1979, 93 Stat. 681; renumbered Sec. 305, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-REFTEXT-

REFERENCES IN TEXT

The Housing Act of 1950, referred to in text, is act Apr. 20,

1950, ch. 94, 64 Stat. 48, as amended. Title IV of the Housing Act

of 1950 which was classified generally to subchapter IX (Sec. 1749

et seq.) of chapter 13 of Title 12, Banks and Banking, was repealed

by Pub. L. 99-498, title VII, Sec. 702, Oct. 17, 1986, 100 Stat.

1545. For complete classification of this Act to the Code, see

Short Title of 1950 Amendment note set out under section 1701 of

Title 12 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 305 of Pub. L. 96-88 was renumbered section 304

and is classified to section 3445 of this title.

-CITE-

20 USC Sec. 3447 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

-HEAD-

Sec. 3447. Effect of transfers

-STATUTE-

The transfer of a function or office from an officer or agency to

the Secretary or to the Department includes any aspects of such

function or office vested in a subordinate of such officer or in a

component of such agency.

-SOURCE-

(Pub. L. 96-88, title III, Sec. 306, formerly Sec. 307, Oct. 17,

1979, 93 Stat. 681; renumbered Sec. 306, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-MISC1-

PRIOR PROVISIONS

A prior section 306 of Pub. L. 96-88 was renumbered section 305

and is classified to section 3446 of this title.

-CITE-

20 USC SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

.

-HEAD-

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

-CITE-

20 USC Part A - Personnel Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part A - Personnel Provisions

.

-HEAD-

Part A - Personnel Provisions

-CITE-

20 USC Sec. 3461 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part A - Personnel Provisions

-HEAD-

Sec. 3461. Officers and employees

-STATUTE-

(a) Appointment and compensation

The Secretary is authorized to appoint and fix the compensation

of such officers and employees, including attorneys, as may be

necessary to carry out the functions of the Secretary and the

Department. Except as otherwise provided by law, such officers and

employees shall be appointed in accordance with the civil service

laws and their compensation fixed in accordance with title 5.

(b) Applicability of General Schedule; termination of authority;

exemption from limitations on executive positions

(1) At the request of the Secretary, the Director of the Office

of Personnel Management shall, under section 5108 of title 5,

provide for the establishment in each of the grade levels GS-16,

GS-17, and GS-18 of a number of positions in the Department equal

to the number of positions in that grade level which were used

primarily for the performance of functions and offices transferred

under this chapter and which were assigned and filled on the day

before May 4, 1980.

(2) Repealed. Pub. L. 107-279, title IV, Sec. 403(3), Nov. 5,

2002, 116 Stat. 1985.

(3) Appointments to positions provided for under this subsection

may be made without regard to the provisions of section 3324 of

title 5, if the individual appointed in such position is an

individual who is transferred in connection with the transfer of

functions and offices under this chapter and, on the day preceding

May 4, 1980, holds a position and has duties comparable to those of

the position to which appointed hereunder.

(4) The authority under this subsection with respect to any

position shall terminate when the person first appointed to fill

such position ceases to hold such position.

(5) For purposes of section 414(a)(3)(A) of the Civil Service

Reform Act of 1978, an individual appointed under this subsection

shall be deemed to occupy the same position as the individual

occupied on the day preceding May 4, 1980.

(c) Repealed. Pub. L. 99-498, title XIV, Sec. 1401(d), Oct. 17,

1986, 100 Stat. 1597

(d) Senior Executive Service

Notwithstanding any other provision of law, the Director of the

Office of Personnel Management shall establish positions within the

Senior Executive Service for 15 limited-term appointees. The

Secretary shall appoint individuals to such positions as provided

by section 3394 of title 5. Such positions shall expire on the

later of three years after May 4, 1980, or three years after the

initial appointment to each position. Positions in effect under

this subsection shall be taken into account in applying the

limitations on positions prescribed under section 3134(e) and

section 5108 of such title.

(e) Indian preference laws

Nothing in this chapter shall be construed to prevent the

application of any Indian preference law in effect on the day

before October 17, 1979, to any function or office transferred by

this chapter and subject to any such law on the day before October

17, 1979. Any function or office transferred by this chapter and

subject to any such law shall continue to be subject to any such

law.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 401, Oct. 17, 1979, 93 Stat. 681;

Pub. L. 99-145, title XII, Sec. 1204(a)(1), Nov. 8, 1985, 99 Stat.

720; Pub. L. 99-498, title XIV, Sec. 1401(d), Oct. 17, 1986, 100

Stat. 1597; Pub. L. 103-382, title II, Sec. 271(a)(3)(A), Oct. 20,

1994, 108 Stat. 3929; Pub. L. 107-279, title IV, Sec. 403(3), Nov.

5, 2002, 116 Stat. 1985.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

Section 414(a)(3)(A) of the Civil Service Reform Act of 1978,

referred to in subsec. (b)(5), is section 414(a)(3)(A) of Pub. L.

95-454, title IV, Oct. 13, 1978, 92 Stat. 1178, which is set out as

a note under sections 3104 and 5108 of Title 5.

-COD-

CODIFICATION

In subsecs. (a) and (d), ''May 4, 1980'' substituted for ''the

effective date of this chapter'' pursuant to section 601 of Pub. L.

96-88, set out as an Effective Date note under section 3401 of this

title.

-MISC3-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-279 struck out par. (2) which

read as follows: ''At the request of the Secretary, the Director of

the Office of Personnel Management shall, under section 3104 of

title 5, provide for the establishment in the Office created by

section 3419 of this title of a number of scientific, professional,

and technical positions outside of the General Schedule equal to

the number of such positions which were used primarily for the

performance of functions and offices transferred under this chapter

and which were assigned and filled on the day before May 4, 1980.''

1994 - Subsec. (b)(2). Pub. L. 103-382 made technical amendment

to reference to section 3419 of this title to reflect renumbering

of corresponding section of original act.

1986 - Subsec. (c). Pub. L. 99-498 struck out subsec. (c) which

read as follows: ''The Secretary may appoint, without regard to the

provisions of title 5 governing appointment in the competitive

service, up to 175 scientific, technical, or professional employees

of the Office created by section 3419 of this title and may

compensate employees so appointed without regard to the provisions

of chapter 51 and subchapter III of chapter 53 of title 5 relating

to classification and General Schedule pay rates. The rate of

basic compensation for such employees shall not be equal to or in

excess of the minimum rate of pay currently paid for GS-16 of the

General Schedule under section 5332 of such title.''

1985 - Subsec. (f). Pub. L. 99-145 struck out subsec. (f) which

deemed any reference to ''civilian component'' as including a

reference to overseas personnel of the overseas dependents'

education system for purposes of any status of forces agreement

between the United States and any other country or any

international organization.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 3462 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part A - Personnel Provisions

-HEAD-

Sec. 3462. Experts and consultants

-STATUTE-

(a) In general

The Secretary may as provided in appropriation Acts obtain the

services of experts and consultants in accordance with the

provisions of section 3109 of title 5 and may compensate such

experts and consultants at rates not to exceed the daily rate

prescribed for GS-18 of the General Schedule under section 5332 of

such title.

(b) Special rule

(1) In general

Notwithstanding any other provision of law, the Secretary may

use not more than 1 percent of the funds appropriated for any

education program that awards such funds on a competitive basis

to pay the expenses and fees of non-Federal experts necessary to

review applications and proposals for such funds.

(2) Applicability

The provisions of paragraph (1) shall not apply to any

education program under which funds are authorized to be

appropriated to pay the fees and expenses of non-Federal experts

to review applications and proposals for such funds.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 402, Oct. 17, 1979, 93 Stat. 682;

Pub. L. 103-227, title IX, Sec. 981, Mar. 31, 1994, 108 Stat. 263.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-227 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 3463 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part A - Personnel Provisions

-HEAD-

Sec. 3463. Personnel reduction and annual limitations

-STATUTE-

(a) Work-years limitation; allocations; adjustments

(1) Notwithstanding any other provision of this chapter, there

shall be included in each appropriation Act containing

appropriations for the administration of the Department for any

fiscal year beginning after September 30, 1981 (other than an

appropriation Act containing only supplemental appropriations for

the Department), an annual limitation on the total number of

work-years for the personnel of the Department.

(2) The Secretary shall prescribe the allocation of the

work-years available under paragraph (1) among the organizational

units and components of the Department.

(3) If the President transmits any reorganization plan under

chapter 9 of title 5 which would result in the transfer of

functions or offices to the Secretary or the Department, the

message transmitting the plan shall include any adjustments which

may be necessary in a work-year limitation established under

paragraph (1) to reflect changes in the work-years required as a

result of such plan.

(b) Full-time equivalent personnel reductions

Not later than the end of the first fiscal year beginning after

May 4, 1980, the number of full-time equivalent personnel positions

available for performing functions transferred to the Secretary or

the Department by this chapter shall be reduced by 500.

(c) Personnel computations

(1) Computations required to be made for purposes of this section

shall be made on the basis of all personnel employed by the

Department, including experts and consultants employed under

section 3109 of title 5 and all other part-time and full-time

personnel employed to perform functions of the Secretary or the

Department, except personnel employed under special programs for

students and disadvantaged youth (including temporary summer

employment).

(2) The Director of the Office of Personnel Management shall, by

rule, establish a method for computing work-years for personnel of

the Department as described in paragraph (1).

(d) Report on effects of reorganization on employees

The Director of the Office of Personnel Management shall, as soon

as practicable, but not later than one year after May 4, 1980,

prepare and transmit to the Congress a report on the effects on

employees of the reorganization under this chapter, which shall

include -

(1) an identification of any position within the Department or

elsewhere in the executive branch, which it considers unnecessary

due to consolidation of functions under this chapter;

(2) a statement of the number of employees entitled to pay

savings by reason of the organization under this chapter;

(3) a statement of the number of employees who are voluntarily

or involuntarily separated by reason of such reorganization;

(4) an estimate of the personnel costs associated with such

reorganization;

(5) the effects of such reorganization on labor management

relations; and

(6) such legislative and administrative recommendations for

improvements in personnel management within the Department as the

Director considers necessary.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 403, Oct. 17, 1979, 93 Stat. 682;

Pub. L. 104-66, title I, Sec. 1041(a), Dec. 21, 1995, 109 Stat.

714.)

-COD-

CODIFICATION

In subsecs. (a) and (d), ''May 4, 1980'' substituted for ''the

effective date of this chapter'' pursuant to section 601 of Pub. L.

96-88, set out as an Effective Date note under section 3401 of this

title.

-MISC3-

AMENDMENTS

1995 - Subsec. (a)(2). Pub. L. 104-66 struck out before period at

end ''and shall, within 120 days after the enactment of an

appropriation Act containing a work-year limitation, prepare and

transmit to the Congress a report on such allocation. Such report

shall include explanations and justifications for the allocations

made by the Secretary and shall indicate the necessary personnel

actions which will be required as a consequence of such

allocation. Not later than 120 days after the conclusion of any

fiscal year to which a work-year limitation established under

paragraph (1) applies, the Secretary shall prepare and transmit to

the Congress a report on compliance with such limitation indicating

the total work-years actually expended by the Department and by the

organizational units and components to which such work-years were

allocated''.

-CITE-

20 USC Part B - General Administrative Provisions 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

.

-HEAD-

Part B - General Administrative Provisions

-CITE-

20 USC Sec. 3471 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3471. General authority

-STATUTE-

(a) Force and effect of actions by Secretary

In carrying out any function transferred by this chapter, the

Secretary, or any officer or employee of the Department, may

exercise any authority available by law (including appropriation

Acts) with respect to such function to the official or agency from

which such function is transferred, and the actions of the

Secretary in exercising such authority shall have the same force

and effect as when exercised by such official or agency.

(b) Reporting requirements

(1) The director of any office continued in the Department the

director of which was required, prior to May 4, 1980, to report to

the Commissioner of Education or the Assistant Secretary for

Education of the Department of Health, Education, and Welfare,

shall report to the Secretary.

(2) The Secretary is authorized to delegate reporting

requirements vested in the Secretary by paragraph (1) to any

officer or employee of the Department.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 411, Oct. 17, 1979, 93 Stat. 683.)

-COD-

CODIFICATION

In subsec. (b)(1), ''May 4, 1980'' substituted for ''the

effective date of this chapter'' pursuant to section 601 of Pub. L.

96-88, set out as an Effective Date note under section 3401 of this

title.

-CITE-

20 USC Sec. 3472 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3472. Delegation of functions

-STATUTE-

Except as otherwise provided in this chapter, the Secretary may

delegate any function to such officers and employees of the

Department as the Secretary may designate, and may authorize such

successive redelegations of such functions within the Department as

may be necessary or appropriate. No delegation of functions by the

Secretary under this section or under any other provision of this

chapter shall relieve the Secretary of responsibility for the

administration of such functions.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 412, Oct. 17, 1979, 93 Stat. 684.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3413, 3417, 9513 of this

title.

-CITE-

20 USC Sec. 3473 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3473. Reorganization of Department

-STATUTE-

(a) Authorization; limitations

The Secretary is authorized, subject to the requirements of

section 3412(f) of this title, to allocate or reallocate functions

among the officers of the Department, and to establish,

consolidate, alter, or discontinue such organizational entities

within the Department as may be necessary or appropriate, but the

authority of the Secretary under this subsection does not extend to

-

(1) any office, bureau, unit, or other entity transferred to

the Department and established by statute or any function vested

by statute in such an entity or officer of such an entity, except

as provided in subsection (b) of this section;

(2) the abolition of organizational entities established by

this chapter; or

(3) the alteration of the delegation of functions to any

specific organizational entity required by this chapter.

(b) Alteration, consolidation, or discontinuance of statutory and

organizational entities

(1) The Secretary may, in accordance with paragraph (2) of this

subsection, consolidate, alter, or discontinue any of the following

statutory entities, or reallocate any functions vested by statute

in the following statutory entities:

(A) the Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English

Proficient Students;

(B) the Teacher Corps;

(C) the Community College Unit;

(D) the National Center for Education Statistics;

(E) the National Institute of Education;

(F) the Office of Environmental Education;

(G) the Office of Consumers' Education;

(H) the Office of Indian Education;

(I) the Office of Career Education;

(J) the Office of Non-Public Education;

(K) the bureau for the education and training for the

handicapped; and

(L) the administrative units for guidance and counseling

programs, the veterans' cost of instruction program, and the

program for the gifted and talented children.

(2) The Secretary may alter, consolidate, or discontinue any

organizational entity continued within the Department and described

in paragraph (1) of this subsection or reallocate any function

vested by statute in such an entity, upon the expiration of a

period of ninety days after the receipt by the Committee on Labor

and Human Resources of the Senate and the Committee on Education

and Labor of the House of Representatives of notice given by the

Secretary containing a full and complete statement of the action

proposed to be taken pursuant to this subsection and the facts and

circumstances relied upon in support of such proposed action.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 413, Oct. 17, 1979, 93 Stat. 684;

Pub. L. 96-496, title II, Sec. 202, Dec. 4, 1980, 94 Stat. 2593;

Pub. L. 104-208, div. A, title I, Sec. 101(e) (title VII, Sec.

709(c)), Sept. 30, 1996, 110 Stat. 3009-233, 3009-313; Pub. L.

107-110, title X, Sec. 1072(b), Jan. 8, 2002, 115 Stat. 2089.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(1)(A). Pub. L. 107-110 substituted ''Office of

English Language Acquisition, Language Enhancement, and Academic

Achievement for Limited English Proficient Students'' for ''Office

of Bilingual Education''.

1996 - Subsec. (b)(1)(H) to (M). Pub. L. 104-208 redesignated

subpars. (I) to (M) as (H) to (L), respectively, and struck out

former subpar. (H) which authorized Secretary to consolidate,

alter, discontinue, or reallocate any functions vested by statute

in Office of Libraries and Learning Resources.

1980 - Subsec. (b)(1). Pub. L. 96-496 redesignated subpar. (N) as

(M) and struck out former subpar. (M), which authorized the

Secretary to reallocate the functions or to alter or discontinue

the Institute of Museum Services.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-TRANS-

NATIONAL INSTITUTE OF EDUCATION

The National Institute of Education was established by section

1221e of this title which as amended generally by Pub. L. 99-498,

title XIV, Sec. 1401(a), Oct. 17, 1986, 100 Stat. 1589, provided

objectives and duties for the Office of Educational Research and

Improvement and established the National Advisory Council on

Educational Research and Improvement, and section 1401(b) of Pub.

L. 99-498 transferred the property and records of the National

Institute of Education to the Office of Educational Research and

Improvement.

-MISC5-

OFFICE OF MIGRANT EDUCATION

Pub. L. 98-511, title VII, Sec. 701(b), Oct. 19, 1984, 98 Stat.

2405, provided that: ''For the purposes of section 413(a) of the

Department of Education Organization Act (20 U.S.C. 3473), the

Office of Migrant Education shall be considered to be an

organizational entity established by such Act (20 U.S.C. 3401 et

seq.) and shall not be subject to the reorganizational authority of

the Secretary of Education under that section or any other

provision of law.''

-CITE-

20 USC Sec. 3474 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3474. Rules and regulations

-STATUTE-

The Secretary is authorized to prescribe such rules and

regulations as the Secretary determines necessary or appropriate to

administer and manage the functions of the Secretary or the

Department.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 414, Oct. 17, 1979, 93 Stat. 685;

Pub. L. 99-145, title XII, Sec. 1204(a)(5), Nov. 8, 1985, 99 Stat.

720; Pub. L. 103-382, title II, Sec. 271(d)(1), Oct. 20, 1994, 108

Stat. 3930.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-382 struck out subsec. (a) designation and

subsec. (b) which read as follows: ''The Secretary, in promulgating

rules and regulations as authorized by statute, shall prescribe

such rules and regulations in accordance with chapter 5 of title 5.

Section 1232 of this title also shall apply to such rules and

regulations to the extent applicable immediately prior to May 4,

1980, and to rules and regulations promulgated with respect to

programs transferred under sections 3441(a)(1), (2), and (4), 3443,

3444, 3445, and 3446 of this title.''

1985 - Subsec. (b). Pub. L. 99-145 struck out reference to

section 3442 of this title.

-CITE-

20 USC Sec. 3475 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3475. Contracts

-STATUTE-

(a) Authorization of Secretary

Subject to the provisions of the Federal Property and

Administrative Services Act of 1949, (FOOTNOTE 1) the Secretary is

authorized to make, enter into, and perform such contracts, grants,

leases, cooperative agreements, or other similar transactions with

Federal or other public agencies (including State and local

governments) and private organizations and persons, and to make

such payments, by way of advance or reimbursement, as the Secretary

may determine necessary or appropriate to carry out functions of

the Secretary or the Department.

(FOOTNOTE 1) See References in Text note below.

(b) Limitations

Notwithstanding any other provision of this chapter, no authority

to enter into contracts or to make payments under this subchapter

shall be effective except to such extent or in such amounts as are

provided in advance under appropriation Acts. This subsection shall

not apply with respect to the authority granted under section 3481

of this title.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 415, Oct. 17, 1979, 93 Stat. 685.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3486 of this title.

-CITE-

20 USC Sec. 3476 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3476. Regional and field offices

-STATUTE-

The Secretary is authorized to establish, alter, discontinue, or

maintain such regional or other field offices as the Secretary may

find necessary or appropriate to perform functions of the Secretary

or the Department.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 416, Oct. 17, 1979, 93 Stat. 685.)

-CITE-

20 USC Sec. 3477 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3477. Acquisition and maintenance of property

-STATUTE-

(a) Authorized properties; establishment of necessary facilities

The Secretary is authorized -

(1) to acquire (by purchase, lease, condemnation, or

otherwise), construct, improve, repair, operate, and maintain -

(A) schools and related facilities (but only to the extent

that operation of schools and related facilities by the

Department is authorized by this chapter);

(B) laboratories;

(C) research and testing sites and facilities;

(D) quarters and related accommodations for employees and

dependents of employees of the Department; and

(E) personal property (including patents), or any interest

therein,

as may be necessary; and

(2) to provide by contract or otherwise for the establishment

of eating facilities and other necessary facilities for the

health and welfare of employees of the Department at its

installations, and purchase and maintain equipment therefor.

(b) Day care center facilities

The authority available to the Secretary of Health, Education,

and Welfare under section 2564 of this title, shall also be

available to the Secretary.

(c) Special purpose facilities

The authority granted by subsection (a) of this section shall be

available only with respect to facilities of a special purpose

nature that cannot readily be reassigned from similar Federal

activities and are not otherwise available for assignment to the

Department by the Administrator of General Services.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 417, Oct. 17, 1979, 93 Stat. 685.)

-CITE-

20 USC Sec. 3478 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3478. Facilities at remote locations

-STATUTE-

(a) Authorized services, supplies and facilities

The Secretary is authorized to provide, construct, or maintain

for employees and their dependents stationed at remote locations as

necessary and when not otherwise available at such remote locations

-

(1) emergency medical services and supplies;

(2) food and other subsistence supplies;

(3) dining facilities;

(4) audiovisual equipment, accessories, and supplies for

recreation and training;

(5) reimbursement for food, clothing, medicine, and other

supplies furnished by such employees in emergencies for the

temporary relief of distressed persons;

(6) living and working quarters and facilities; and

(7) transportation for dependents of employees of the

Department to the nearest appropriate educational facilities.

(b) Reimbursements

The furnishing of medical treatment under paragraph (1) of

subsection (a) of this section and the furnishing of services and

supplies under paragraphs (2), (3), and (4) of subsection (a) of

this section shall be at prices reflecting reasonable value as

determined by the Secretary.

(c) Appropriation credits and refunds

Proceeds from reimbursements under this section may be credited

to the appropriation of funds that bear or will bear all or part of

the cost of such work or services or used to refund excess sums

when necessary.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 418, Oct. 17, 1979, 93 Stat. 686.)

-CITE-

20 USC Sec. 3479 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3479. Use of facilities

-STATUTE-

(a) Federal, State, local and foreign government facilities

With their consent, the Secretary may, with or without

reimbursement, use the research, equipment, services, and

facilities of any agency or instrumentality of the United States,

of any State or political subdivision thereof, or of any foreign

government, in carrying out any function of the Secretary or the

Department.

(b) Public and private permittees

The Secretary is authorized to permit public and private

agencies, corporations, associations, organizations, or individuals

to use any real property, or any facilities, structures, or other

improvements thereon, under the custody and control of the

Secretary for Department purposes. The Secretary shall permit the

use of such property, facilities, structures, or improvements under

such terms and rates and for such period as may be in the public

interest, except that the periods of such uses may not exceed five

years. The Secretary may require permittees under this section to

recondition and maintain, at their own expense, the real property,

facilities, structures, and improvements used by such permittees to

a standard satisfactory to the Secretary. This subsection shall not

apply to excess property as defined in section 102(3) of title 40.

(c) Appropriation credits and refunds

Proceeds from reimbursements under this section may be credited

to the appropriation of funds that bear or will bear all or part of

the cost of such equipment or facilities provided or to refund

excess sums when necessary.

(d) Interests in real property

Any interest in real property acquired pursuant to this chapter

shall be acquired in the name of the United States Government.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 419, Oct. 17, 1979, 93 Stat. 686;

Pub. L. 99-145, title XII, Sec. 1204(a)(2), Nov. 8, 1985, 99 Stat.

720.)

-COD-

CODIFICATION

''Section 102(3) of title 40'' substituted in subsec. (b) for

''section 3(e) of the Federal Property and Administrative Services

Act of 1949'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-145 struck out par. (1)

designation and par. (2) which provided for treatment of personnel,

upon transfer of functions and personnel from the Secretary of

Defense to the Secretary of Education, as employees of the

Department of Defense for the purpose of access to services and

facilities provided by the Department of Defense.

-CITE-

20 USC Sec. 3480 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3480. Copyrights and patents

-STATUTE-

The Secretary is authorized to acquire any of the following

described rights if the property acquired thereby is for use by or

for, or useful to, the Department:

(1) copyrights, patents, and applications for patents, designs,

processes, and manufacturing data;

(2) licenses under copyrights, patents, and applications for

patents; and

(3) releases, before suit is brought, for past infringement of

patents or copyrights.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 420, Oct. 17, 1979, 93 Stat. 687.)

-CITE-

20 USC Sec. 3481 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3481. Gifts and bequests

-STATUTE-

The Secretary is authorized to accept, hold, administer, and

utilize gifts, bequests and devises of property, both real and

personal, and to accept donations of services, for the purpose of

aiding or facilitating the work of the Department. Gifts, bequests,

and devises of money and proceeds from sales of other property

received as gifts, bequests, or devises shall be deposited in the

Treasury and shall be available for disbursement upon the order of

the Secretary.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 421, Oct. 17, 1979, 93 Stat. 687;

Pub. L. 103-382, title II, Sec. 271(d)(2), Oct. 20, 1994, 108 Stat.

3930.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-382 inserted ''and to accept donations of

services,'' after ''personal,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3475 of this title.

-CITE-

20 USC Sec. 3482 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3482. Technical advice

-STATUTE-

(a) Authorization

The Secretary is authorized, upon request, to provide advice,

counsel, and technical assistance to applicants or potential

applicants for grants and contracts and other interested persons

with respect to any functions of the Secretary or the Department.

(b) Consolidation of applications for grants and contracts

The Secretary may permit the consolidation of applications for

grants or contracts with respect to two or more functions of the

Secretary or the Department, but such consolidation shall not alter

the statutory criteria for approval of applications for funding

with respect to such functions.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 422, Oct. 17, 1979, 93 Stat. 687.)

-CITE-

20 USC Sec. 3483 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3483. Working capital fund

-STATUTE-

(a) Establishment; administrative services included

The Secretary, with the approval of the Director of the Office of

Management and Budget, is authorized to establish for the

Department a working capital fund, to be available without fiscal

year limitation, for expenses necessary for the maintenance and

operation of such common administrative services as the Secretary

shall find to be desirable in the interests of economy and

efficiency, including such services as -

(1) a central supply service for stationery and other supplies

and equipment for which adequate stocks may be maintained to meet

in whole or in part the requirements of the Department and its

components;

(2) central messenger, mail, telephone, and other

communications services;

(3) office space, central services for document reproduction,

and for graphics and visual aids; and

(4) a central library service.

(b) Capital; reimbursement of funds; credit; miscellaneous

receipts; transfers

The capital of the fund shall consist of any appropriations made

for the purpose of providing working capital and the fair and

reasonable value of such stocks of supplies, equipment, and other

assets and inventories on order as the Secretary may transfer to

the fund, less the related liabilities and unpaid obligations.

Such funds shall be reimbursed in advance from available funds of

agencies and offices in the Department, or from other sources, for

supplies and services at rates that will approximate the expense of

operation, including the accrual of annual leave and the

depreciation of equipment. The fund shall also be credited with

receipts from sale or exchange of property and receipts in payment

for loss or damage to property owned by the fund. There shall be

covered into the Treasury as miscellaneous receipts any surplus of

the fund (all assets, liabilities, and prior losses considered)

above the amounts transferred or appropriated to establish and

maintain such fund. There shall be transferred to the fund the

stocks of supplies, equipment, other assets, liabilities, and

unpaid obligations relating to the services which the Secretary

determines, with the approval of the Director of the Office of

Management and Budget, will be performed.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 423, Oct. 17, 1979, 93 Stat. 687.)

-CITE-

20 USC Sec. 3484 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3484. Funds transfer

-STATUTE-

The Secretary may, when authorized in an appropriation Act in any

fiscal year, transfer funds from one appropriation to another

within the Department, except that no appropriation for any fiscal

year shall be either increased or decreased pursuant to this

section by more than 5 percent and no such transfer shall result in

increasing any such appropriation above the amount authorized to be

appropriated therefor.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 424, Oct. 17, 1979, 93 Stat. 688.)

-CITE-

20 USC Sec. 3485 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3485. Seal of Department

-STATUTE-

The Secretary shall cause a seal of office to be made for the

Department of such design as the Secretary shall approve. Judicial

notice shall be taken of such seal.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 425, Oct. 17, 1979, 93 Stat. 688.)

-CITE-

20 USC Sec. 3486 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3486. Annual report

-STATUTE-

(a) Contents

The Secretary shall, as soon as practicable after the close of

each fiscal year, make a single, comprehensive report to the

President for transmission to the Congress on the activities of the

Department during such fiscal year. The report shall include a

statement of goals, priorities, and plans for the Department

together with an assessment of the progress made toward -

(1) the attainment of such goals, priorities, and plans;

(2) the more effective and efficient management of the

Department and the coordination of its functions; and

(3) the reduction of excessive or burdensome regulation and of

unnecessary duplication and fragmentation in Federal education

programs,

accompanied where necessary by recommendations for proposed

legislation for the achievement of such objectives.

(b) Estimate on non-Federal personnel employed

The report required by subsection (a) of this section shall also

include an estimate of the extent of the non-Federal personnel

employed pursuant to contracts entered into by the Department under

section 3475 of this title or under any other authority (including

any subcontract thereunder), the number of such contracts and

subcontracts pursuant to which non-Federal personnel are employed,

and the total cost of those contracts and subcontracts.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 426, Oct. 17, 1979, 93 Stat. 688.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to transmission of report to Congress,

see section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance, and page 80 of

House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3444, 4355 of this title.

-CITE-

20 USC Sec. 3487 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3487. Repealed. Pub. L. 103-382, title II, Sec. 271(a)(1),

Oct. 20, 1994, 108 Stat. 3929

-MISC1-

Section, Pub. L. 96-88, title IV, Sec. 427, Oct. 17, 1979, 93

Stat. 689, related to application of General Education Provisions

Act, 20 U.S.C. 1221 et seq., to functions transferred by this

chapter.

-CITE-

20 USC Sec. 3488 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3488. Authorization of appropriations

-STATUTE-

Subject to any limitation on appropriations applicable with

respect to any function or office transferred to the Secretary or

the Department, there are authorized to be appropriated for fiscal

year 1980 and each succeeding fiscal year such sums as may be

necessary to carry out the provisions of this chapter and to enable

the Secretary to administer and manage the Department. Funds

appropriated in accordance with this section shall remain available

until expended.

-SOURCE-

(Pub. L. 96-88, title IV, Sec. 427, formerly Sec. 428, Oct. 17,

1979, 93 Stat. 689; renumbered Sec. 427, Pub. L. 103-382, title II,

Sec. 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)

-MISC1-

PRIOR PROVISIONS

A prior section 427 of Pub. L. 96-88 was classified to section

3487 of this title prior to repeal by Pub. L. 103-382.

-CITE-

20 USC Sec. 3489 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part B - General Administrative Provisions

-HEAD-

Sec. 3489. General extension of authorizations

-STATUTE-

Subject to the limitations contained in subtitle A of this title,

there are authorized to be appropriated for fiscal years 1982,

1983, and 1984 such sums as may be necessary to carry out each of

the following provisions of law:

(1) the Act of September 30, 1950 (FOOTNOTE 1) (Public Law 874,

81st Congress);

(FOOTNOTE 1) See References in Text note below.

(2) the Act of September 23, 1950 (FOOTNOTE 1) (Public Law 815,

81st Congress);

(3) the General Education Provisions Act (20 U.S.C. 1221 et

seq.);

(4) the Indian Education Act;

(5) titles XI (25 U.S.C. 2000 et seq.), XIV (20 U.S.C. 921 et

seq.), and XV of the Education Amendments of 1978 and part H of

title XIII of the Education Amendments of 1980;

(6) the Adult Education Act; (FOOTNOTE 1)

(7) section 342 of the Education Amendments of 1976 (20 U.S.C.

2532);

(8) the Asbestos School Hazards Detection and Control Act (20

U.S.C. 3601 et seq.);

(9) the Joint Resolution of October 19, 1972 (86 Stat. 907);

(10) the Vocational Education Act of 1963; (FOOTNOTE 1)

(11) title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c

et seq.);

(12) the Navajo Community College Act (25 U.S.C. 640a et seq.)

and the Tribally Controlled College or University Assistance Act

of 1978 (25 U.S.C. 1801 et seq.);

(13) part C of title IX of the Elementary and Secondary

Education Act of 1965, (FOOTNOTE 1) relating to Women's

Educational Equity; and

(14) title VII of the Elementary and Secondary Education Act of

1965. (FOOTNOTE 1)

-SOURCE-

(Pub. L. 97-35, title V, Sec. 528, Aug. 13, 1981, 95 Stat. 450;

Pub. L. 98-211, Sec. 20, Dec. 8, 1983, 97 Stat. 1418; Pub. L.

104-208, div. A, title I, Sec. 101(e) (title VII, Sec. 709(a)(2)),

Sept. 30, 1996, 110 Stat. 3009-233, 3009-312; Pub. L. 105-244,

title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)

-REFTEXT-

REFERENCES IN TEXT

Subtitle A of this title, referred to in text, is subtitle A

(Sec. 502 to 528) of title V, of Pub. L. 97-35, Aug. 13, 1981, 95

Stat. 441. For complete classification of subtitle A to the Code,

see Tables.

Act of September 30, 1950 (Public Law 874, 81st Congress),

referred to in par. (1), is act Sept. 30, 1950, ch. 1124, 64 Stat.

1100, as amended, which was classified generally to chapter 13

(Sec. 236 et seq.) of this title, prior to repeal by Pub. L.

103-382, title III, Sec. 331(b), Oct. 20, 1994, 108 Stat. 3965. For

complete classification of this Act to the Code, see Tables.

Act of September 23, 1950 (Public Law 815, 81st Congress),

referred to in par. (2), is act Sept. 23, 1950, ch. 995, as amended

generally by Aug. 12, 1958, Pub. L. 85-620, title I, 72 Stat. 548,

which was classified generally to chapter 19 (Sec. 631 et seq.) of

this title, prior to repeal by Pub. L. 103-382, title III, Sec.

331(a), Oct. 20, 1994, 108 Stat. 3965. For complete classification

of this Act to the Code, see Tables.

The General Education Provisions Act, referred to in par. (3), is

title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as amended,

which is classified generally to chapter 31 (Sec. 1221 et seq.) of

this title. For complete classification of this Act to the Code,

see section 1221 of this title and Tables.

The Indian Education Act, referred to in par. (4), is Pub. L.

92-318, title IV, June 23, 1972, 86 Stat. 334, as amended. For

complete classification of this Act to the Code, see Tables.

The Education Amendments of 1978, referred to in par. (5), is

Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as amended. Title XI

of the Education Amendments of 1978 is classified principally to

chapter 22 (Sec. 2000 et seq.) of Title 25, Indians. Title XIV of

the Education Amendments of 1978 is known as the Defense Dependents

Education Act of 1978 and is classified principally to chapter 25A

(Sec. 921 et seq.) of this title. Title XV of the Education

Amendments of 1978 enacted sections 1221j and 1226c-1 of this

title, repealed sections 1901, 1921, 1941 to 1944, 1961 to 1966,

and 1981 to 1983 of this title, and enacted provisions set out as a

note under section 1231a of this title, provisions formerly set out

as notes under sections 1123 and 2711 of this title, and provisions

set out as a note under section 287 of Title 22, Foreign Relations

and Intercourse. For complete classification of this Act to the

Code, see Short Title of 1978 Amendment note set out under section

6301 of this title and Tables.

The Education Amendments of 1980, referred to in par. (5), is

Pub. L. 96-374, Oct. 3, 1980, 94 Stat. 1367, as amended. Part H of

title XIII of the Education Amendments of 1980, Pub. L. 96-374,

title XIII, Sec. 1371-1373, 1376, 1377, 1381-1383, Oct. 3, 1980, 94

Stat. 1502, 1503, is not classified to the Code. For complete

classification of this Act to the Code, see Short Title of 1980

Amendment note set out under section 1001 of this title and Tables.

The Adult Education Act, referred to in par. (6), was title III

of Pub. L. 89-750, Nov. 3, 1966, 80 Stat. 1216, as amended, which

was classified generally to chapter 30 (Sec. 1201 et seq.) of this

title, prior to repeal by Pub. L. 105-220, title II, Sec.

251(a)(1), Aug. 7, 1998, 112 Stat. 1079. For complete

classification of this Act to the Code, see Tables.

The Asbestos School Hazards Detection and Control Act, referred

to in par. (8), is Pub. L. 96-270, June 14, 1980, 94 Stat. 487,

which is classified generally to chapter 49 (Sec. 3601 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 3601 of this title and

Tables.

The Joint Resolution of October 19, 1972 (86 Stat. 907), referred

to in par. (9), is Pub. L. 92-506, Oct. 19, 1972, 86 Stat. 907,

which is not classified to the Code.

The Vocational Education Act of 1963, referred to in par. (10),

was title I of Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, as

amended generally by Pub. L. 94-482, title II, Sec. 202(a), Oct.

12, 1976, 90 Stat. 2169, which was classified to chapter 44 (Sec.

2301 et seq.) of this title, prior to amendment by Pub. L. 98-524,

Sec. 1, Oct. 19, 1984, 98 Stat. 2435, striking out all after the

enacting clause and inserting in lieu thereof titles I to V, to be

cited as the Carl D. Perkins Vocational Education Act. The Act was

subsequently amended extensively by Pub. L. 101-392, Sept. 25,

1990, 104 Stat. 753, which renamed it the Carl D. Perkins

Vocational and Applied Technology Education Act, and amended

generally by Pub. L. 105-332, Sec. 1(b), Oct. 31, 1998, 112 Stat.

3076, which renamed it the Carl D. Perkins Vocational and Technical

Education Act of 1998. For additional details, see the Codification

note preceding section 2301 of this title.

The Civil Rights Act of 1964, referred to in par. (11), is Pub.

L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title IV of the

Civil Rights Act of 1964 is classified generally to subchapter IV

(Sec. 2000c et seq.) of chapter 21 of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of Title 42 and

Tables.

The Navajo Community College Act, referred to in par. (12), is

Pub. L. 92-189, Dec. 15, 1971, 85 Stat. 646, as amended, which is

classified to section 640a et seq. of Title 25, Indians. For

complete classification of this Act to the Code, see Short Title

note set out under section 640a of Title 25 and Tables.

The Tribally Controlled College or University Assistance Act of

1978, referred to in par. (12), is Pub. L. 95-471, Oct. 17, 1978,

92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 25 and Tables.

The Elementary and Secondary Education Act of 1965, referred to

in pars. (13) and (14), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat.

27, as amended. Prior to the general amendment of that Act by Pub.

L. 100-297, Apr. 28, 1988, 102 Stat. 140, part C of title IX of the

Act was classified generally to part C (Sec. 3341 et seq.) of

subchapter IX of chapter 47 of this title, and title VII of the

Act, known as the Bilingual Education Act, was classified generally

to subchapter VII (Sec. 3281 et seq.) of chapter 47 of this title.

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Education

Reconciliation Act of 1981 and also as part of the Omnibus Budget

Reconciliation Act of 1981, and not as part of the Department of

Education Organization Act which comprises this chapter.

-MISC3-

AMENDMENTS

1998 - Par. (12). Pub. L. 105-244 substituted ''Tribally

Controlled College or University Assistance Act of 1978'' for

''Tribally Controlled Community College Assistance Act of 1978''.

1996 - Pars. (12) to (15). Pub. L. 104-208 redesignated pars.

(13) to (15) as (12) to (14), respectively, and struck out former

par. (12) which listed the Library Services and Construction Act as

one of the laws for which funds were authorized to be appropriated

under this section.

1983 - Par. (15). Pub. L. 98-211 added par. (15).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

SHORT TITLE

Section 501 of title V of Pub. L. 97-35 provided that: ''This

title (see Tables for classification of sections 501 to 596 of Pub.

L. 97-35) may be cited as the 'Omnibus Education Reconciliation Act

of 1981'.''

APPLICABILITY TO OTHER LAWS; GENERAL RESTRICTIONS

Section 502 of subtitle A of title V of Pub. L. 97-35 provided

that:

''(a) Any provision of law which is not consistent with the

provisions of this subtitle (see Tables for classification of

sections 502 to 528 of Pub. L. 97-35) is hereby superseded and

shall have only such force and effect during each of the fiscal

years 1982, 1983, and 1984 which is consistent with this subtitle.

''(b) Notwithstanding any authorization of appropriations for

fiscal year 1982, 1983, or 1984 contained in any provision of law

which is specified in this subtitle (including any authorization of

appropriations contained in section 528 of this title (this

section)), no funds are authorized to be appropriated in excess of

the limitations imposed upon appropriations by the provisions of

this subtitle.

''(c) No funds are authorized to be appropriated for the fiscal

year 1982, 1983, or 1984 to pay for the expenses of any advisory

council which provides advice to a program for which there are no

authorizations of appropriations made under this subtitle or made

by an amendment made by this subtitle.''

-CITE-

20 USC SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND

CONFORMING PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

.

-HEAD-

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-CITE-

20 USC Sec. 3501 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3501. Transfer and allocation of appropriations and personnel

-STATUTE-

(a) Personnel and appropriations in connection with functions and

offices transferred by this chapter; use of unexpended funds

Except as otherwise provided in this chapter, the personnel

employed in connection with, and the assets, liabilities,

contracts, property, records, and unexpended balance of

appropriations, authorizations, allocations, and other funds

employed, held, used, arising from, available to, or to be made

available in connection with the functions and offices, or portions

thereof transferred by this chapter, subject to section 1531 of

title 31, shall be transferred to the Secretary for appropriate

allocation. Unexpended funds transferred pursuant to this

subsection shall be used only for the purposes for which the funds

were originally authorized and appropriated.

(b) Positions specified to carry out functions or offices

transferred by this chapter

Positions expressly specified by statute or reorganization plan

to carry out functions or offices transferred by this chapter,

personnel occupying those positions on the effective date of this

chapter, and personnel authorized to receive compensation in such

positions at the rate prescribed for offices and positions at level

IV or V of the Executive Schedule (5 U.S.C. 5315-5316) on May 4,

1980, shall be subject to the provisions of section 3503 of this

title.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 501, Oct. 17, 1979, 93 Stat. 689.)

-COD-

CODIFICATION

In subsec. (a), ''section 1531 of title 31'' substituted for

''section 202 of the Budget and Accounting Procedures Act of 1950

(31 U.S.C. 581c)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

In subsec. (b), ''May 4, 1980'' substituted for ''the effective

date of this chapter'' pursuant to section 601 of Pub. L. 96-88,

set out as an Effective Date note under section 3401 of this title.

-CITE-

20 USC Sec. 3502 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3502. Effect on personnel

-STATUTE-

(a) Non-separation or non-reduction in grade or compensation of

full-time personnel and part-time personnel holding permanent

positions

Except as otherwise provided in this chapter, the transfer

pursuant to this subchapter of full-time personnel (except special

Government employees) and part-time personnel holding permanent

positions shall not cause any such employee to be separated or

reduced in grade or compensation for one year after the date of

transfer to the Department.

(b) Positions compensated in accordance with Executive Schedule

Any person who, on the day preceding May 4, 1980, held a position

compensated in accordance with the Executive Schedule prescribed in

chapter 53 of title 5 and who, without a break in service, is

appointed in the Department to a position having duties comparable

to the duties performed immediately preceding such appointment

shall continue to be compensated in such new position at not less

than the rate provided for such previous position, for the duration

of the service of such person in such new position.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 502, Oct. 17, 1979, 93 Stat. 690.)

-COD-

CODIFICATION

In subsec. (b), ''May 4, 1980'' substituted for ''the effective

date of this chapter'' pursuant to section 601 of Pub. L. 96-88,

set out as an Effective Date note under section 3401 of this title.

-MISC3-

ABOLISHED POSITIONS DEEMED TRANSFERRED

Section 508(l)(4) of Pub. L. 96-88 provided that: ''Positions

abolished as a consequence of the amendments made by this

subsection (amending sections 1102, 2390, and 3012 of this title)

shall, for purposes of section 502(a) (subsec. (a) of this

section), be deemed to be permanent positions transferred pursuant

to title V of this Act (this subchapter).''

-CITE-

20 USC Sec. 3503 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3503. Agency terminations

-STATUTE-

(a) Specific terminations

On May 4, 1980, the following entities shall terminate:

(A) the Education Division of the Department of Health,

Education, and Welfare, including the Office of Education;

(B) the Office of the Assistant Secretary for Education of the

Department of Health, Education, and Welfare;

(C) the Bureau of Occupational and Adult Education of the

Department of Health, Education, and Welfare.

(b) Positions authorized to be compensated at rate prescribed for

level IV or V of the Executive Schedule

Each position which was expressly authorized by law, or the

incumbent of which was authorized to receive compensation at the

rate prescribed for level IV or V of the Executive Schedule (5

U.S.C. 5315-5316), in an office terminated pursuant to this chapter

shall also terminate.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 503, Oct. 17, 1979, 93 Stat. 690;

Pub. L. 99-145, title XII, Sec. 1204(a)(3), Nov. 8, 1985, 99 Stat.

720.)

-COD-

CODIFICATION

In subsec. (a), ''May 4, 1980'' substituted for ''the effective

date of this chapter'' pursuant to section 601 of Pub. L. 96-88,

set out as an Effective Date note under section 3401 of this title.

-MISC3-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-145 struck out par. (1)

designation and par. (2) which provided for termination of Office

of Dependents' Education of Department of Defense whenever

President exercises authority under section 3442(a) of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3501 of this title.

-CITE-

20 USC Sec. 3504 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3504. Incidental transfers

-STATUTE-

(a) Authorization of Director of Office of Management and Budget;

termination of affairs

The Director of the Office of Management and Budget, at such time

or times as the Director shall provide, is authorized and directed

to make such determinations as may be necessary with regard to the

functions, offices, or portions thereof transferred by this

chapter, and to make such additional incidental dispositions of

personnel, assets, liabilities, grants, contracts, property,

records, and unexpended balances of appropriations, authorizations,

allocations, and other funds held, used, arising from, available

to, or to be made available in connection with such functions,

offices, or portions thereof, as may be necessary to carry out the

provisions of this chapter. The Director shall provide for the

termination of the affairs of all entities terminated by this

chapter and for such further measures and dispositions as may be

necessary to effectuate the purposes of this chapter.

(b) Transfer of positions within Senior Executive Service

After consultation with the Director of the Office of Personnel

Management, the Director of the Office of Management and Budget is

authorized, at such time as the Director of the Office of

Management and Budget provides, to make such determinations as may

be necessary with regard to the transfer of positions within the

Senior Executive Service in connection with functions and offices

transferred by this chapter.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 504, Oct. 17, 1979, 93 Stat. 690.)

-CITE-

20 USC Sec. 3505 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3505. Savings provisions

-STATUTE-

(a) Orders, determinations, etc.

All orders, determinations, rules, regulations, permits, grants,

contracts, certificates, licenses, and privileges -

(1) which have been issued, made, granted, or allowed to become

effective by the President, any Federal department or agency or

official thereof, or by a court of competent jurisdiction, in the

performance of functions which are transferred under this chapter

to the Secretary or the Department, and

(2) which are in effect on May 4, 1980,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

the law by the President, the Secretary, or other authorized

official, a court of competent jurisdiction, or by operation of

law.

(b) Proceedings and applications; transfer

(1) The provisions of this chapter shall not affect any

proceedings, including notices of proposed rulemaking, or any

application for any license, permit, certificate, or financial

assistance pending on May 4, 1980, before any department, agency,

commission, or component thereof, functions of which are

transferred by this chapter; but such proceedings and applications,

to the extent that they relate to functions so transferred, shall

be continued. Orders shall be issued in such proceedings, appeals

shall be taken therefrom, and payments shall be made pursuant to

such orders, as if this chapter had not been enacted; and orders

issued in any such proceedings shall continue in effect until

modified, terminated, superseded, or revoked by the Secretary, by a

court of competent jurisdiction, or by operation of law. Nothing

in this subsection shall be deemed to prohibit the discontinuance

or modification of any such proceeding under the same terms and

conditions and to the same extent that such proceeding could have

been discontinued or modified if this chapter had not been enacted.

(2) The Secretary is authorized to promulgate regulations

providing for the orderly transfer of proceedings continued under

paragraph (1) to the Department.

(c) Actions

Except as provided in subsection (e) of this section -

(1) the provisions of this chapter shall not affect suits

commenced prior to May 4, 1980, and

(2) in all such suits, proceedings shall be had, appeals taken,

and judgments rendered in the same manner and effect as if this

chapter had not been enacted.

(d) Liabilities incurred

No suit, action, or other proceeding commenced by or against any

officer in the official capacity of such individual as an officer

of any department or agency, functions of which are transferred by

this chapter, shall abate by reason of the enactment of this

chapter. No cause of action by or against any department or

agency, functions of which are transferred by this chapter, or by

or against any officer thereof in the official capacity of such

officer shall abate by reason of the enactment of this chapter.

(e) Parties

If, before May 4, 1980, any department or agency, or officer

thereof in the official capacity of such officer, is a party to a

suit, and under this chapter any function of such department,

agency, or officer is transferred to the Secretary or any other

official of the Department, then such suit shall be continued with

the Secretary or other appropriate official of the Department

substituted or added as a party.

(f) Review

Orders and actions of the Secretary in the exercise of functions

transferred under this chapter shall be subject to judicial review

to the same extent and in the same manner as if such orders and

actions had been by the agency or office, or part thereof,

exercising such functions immediately preceding their transfer.

Any statutory requirements relating to notice, hearings, action

upon the record, or administrative review that apply to any

function transferred by this chapter shall apply to the exercise of

such function by the Secretary.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 505, Oct. 17, 1979, 93 Stat. 691.)

-COD-

CODIFICATION

In subsecs. (a)(2), (b)(1), (c)(1), and (e), ''May 4, 1980''

substituted for ''the effective date of this chapter'' pursuant to

section 601 of Pub. L. 96-88, set out as an Effective Date note

under section 3401 of this title.

-CITE-

20 USC Sec. 3506 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3506. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstance is held invalid, neither the remainder

of this chapter nor the application of such provision to other

persons or circumstances shall be affected thereby.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 506, Oct. 17, 1979, 93 Stat. 692.)

-CITE-

20 USC Sec. 3507 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3507. Existing references to transferor officials or bodies

deemed references to transferee officials or bodies

-STATUTE-

With respect to any function transferred by this chapter and

exercised on or after May 4, 1980, reference in any other Federal

law to any department, commission, or agency or any officer or

office the functions of which are so transferred shall be deemed to

refer to the Secretary, other official, or component of the

Department to which this chapter transfers such functions.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 507, Oct. 17, 1979, 93 Stat. 692.)

-COD-

CODIFICATION

''May 4, 1980'' substituted in text for ''the effective date of

this chapter'' pursuant to section 601 of Pub. L. 96-88, set out as

an Effective Date note under section 3401 of this title.

-CITE-

20 USC Sec. 3508 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3508. Department of Health and Human Services

-STATUTE-

(a) Redesignation of Department of Health, Education, and Welfare

The Department of Health, Education, and Welfare is hereby

redesignated the Department of Health and Human Services, and the

Secretary of Health, Education, and Welfare or any other official

of the Department of Health, Education, and Welfare is hereby

redesignated the Secretary or official, as appropriate, of Health

and Human Services.

(b) Reference to Department, Secretary, etc., of Health, Education,

and Welfare deemed reference to Department, Secretary, etc., of

Health and Human Services

Any reference to the Department of Health, Education, and

Welfare, the Secretary of Health, Education, and Welfare, or any

other official of the Department of Health, Education, and Welfare

in any law, rule, regulation, certificate, directive, instruction,

or other official paper in force on May 4, 1980, shall be deemed to

refer and apply to the Department of Health and Human Services or

the Secretary of Health and Human Services, respectively, except to

the extent such reference is to a function or office transferred to

the Secretary or the Department under this chapter.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 509, Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

In subsec. (b), ''May 4, 1980'' substituted for ''the effective

date of this chapter'' pursuant to section 601 of Pub. L. 96-88,

set out as an Effective Date note under section 3401 of this title.

-CITE-

20 USC Sec. 3509 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3509. Coordination of programs for handicapped

-STATUTE-

The Secretary of Health and Human Services shall identify,

assess, coordinate, and eliminate conflict, duplication, and

inconsistencies among programs significantly affecting handicapped

individuals carried out by or under the Department of Health and

Human Services, shall promote efficiency among such programs, and

shall seek to coordinate, to the maximum extent feasible, such

programs with programs significantly affecting handicapped

individuals carried out by or under the Department of Education.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 510, Oct. 17, 1979, 93 Stat. 695.)

-CITE-

20 USC Sec. 3510 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-

Sec. 3510. Transitional provisions

-STATUTE-

With the consent of the appropriate department or agency head

concerned, the Secretary is authorized to utilize the services of

such officers, employees, and other personnel of the departments

and agencies from which functions or offices have been transferred

to the Secretary or the Department, and funds appropriated to such

functions or offices for such period of time as may reasonably be

needed to facilitate the orderly implementation of this chapter.

-SOURCE-

(Pub. L. 96-88, title V, Sec. 511, Oct. 17, 1979, 93 Stat. 695.)

-CITE-