-CITE- 20 USC CHAPTER 48 - DEPARTMENT OF EDUCATION 01/03/2007 -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. 3404. Definitions. SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT 3411. Establishment of Department; appointment of Secretary. 3412. Principal officers. 3413. Office for Civil Rights. 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 Repealed. 3419.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 Repealed. 3423a.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. 3423b. Office of Non-Public Education. 3423c. Office of Indian Education. 3423d. Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. 3424. Federal Interagency Committee on Education. 3425. Office of Educational Technology. 3426. Liaison for Proprietary Institutions of Higher Education. 3427. Coordinator for the outlying areas. SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS 3441. Transfers from Department of Health, Education, and Welfare. 3442. Repealed. 3443. Transfers from Department of Labor. 3444. Transfer of programs from National Science Foundation. 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. 3462. Experts and consultants. 3463. Personnel reduction and annual limitations. PART B - GENERAL ADMINISTRATIVE PROVISIONS 3471. General authority. 3472. Delegation of functions. 3473. Reorganization of Department. 3474. Rules and regulations. 3475. Contracts. 3476. Regional and field offices. 3477. Acquisition and maintenance of property. 3478. Facilities at remote locations. 3479. Use of facilities. 3480. Copyrights and patents. 3481. Gifts and bequests. 3482. Technical advice. 3483. Working capital fund. 3484. Funds transfer. 3485. Seal of Department. 3486. Annual report. 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. 3502. Effect on personnel. 3503. Agency terminations. 3504. Incidental transfers. 3505. Savings provisions. 3506. Separability. 3507. Existing references to transferor officials or bodies deemed references to transferee officials or bodies. 3508. Department of Health and Human Services. 3509. Coordination of programs for handicapped. 3510. Transitional provisions. -End- -CITE- 20 USC SUBCHAPTER I - GENERAL PROVISIONS 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER I - GENERAL PROVISIONS -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -End- -CITE- 20 USC Sec. 3401 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3402 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3403 01/03/2007 -EXPCITE- 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. -End- -CITE- 20 USC Sec. 3404 01/03/2007 -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. -End- -CITE- 20 USC SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT -HEAD- SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT -End- -CITE- 20 USC Sec. 3411 01/03/2007 -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, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5. -End- -CITE- 20 USC Sec. 3412 01/03/2007 -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. -MISC1- 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. -End- -CITE- 20 USC Sec. 3413 01/03/2007 -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. -MISC1- 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. -End- -CITE- 20 USC Sec. 3414 01/03/2007 -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. -MISC1- 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. -End- -CITE- 20 USC Sec. 3415 01/03/2007 -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.) -End- -CITE- 20 USC Sec. 3416 01/03/2007 -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.) -End- -CITE- 20 USC Sec. 3417 01/03/2007 -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.) -End- -CITE- 20 USC Sec. 3418 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT -HEAD- Sec. 3418. Repealed. -MISC1- Sec. 3418. Repealed. Pub. L. 99-145, title XII, Sec. 1204(a)(1), Nov. 8, 1985, 99 Stat. 720. 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. -End- -CITE- 20 USC Sec. 3419 01/03/2007 -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. -MISC1- 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. -End- -CITE- 20 USC Sec. 3420 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3421 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3422 01/03/2007 -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. -MISC1- PRIOR PROVISIONS A prior section 211 of Pub. L. 96-88 was renumbered section 210 and is classified to section 3421 of this title. -End- -CITE- 20 USC Sec. 3423 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT -HEAD- Sec. 3423. Repealed. -MISC1- Sec. 3423. Repealed. Pub. L. 101-392, title VI, Sec. 602(a)(1), Sept. 25, 1990, 104 Stat. 840. 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. -End- -CITE- 20 USC Sec. 3423a 01/03/2007 -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]." -End- -CITE- 20 USC Sec. 3423b 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3423c 01/03/2007 -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; (!1) (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. -MISC1- 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. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 20 USC Sec. 3423d 01/03/2007 -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. -MISC1- 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. -End- -CITE- 20 USC Sec. 3424 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3425 01/03/2007 -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) (!1) of this title; and (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. -MISC1- 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." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 20 USC Sec. 3426 01/03/2007 -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. -End- -CITE- 20 USC Sec. 3427 01/03/2007 -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. -End- -CITE- 20 USC SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS -HEAD- SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS -End- -CITE- 20 USC Sec. 3441 01/03/2007 -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, 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, and again amended generally by Pub. L. 109-270, Sec. 1(b), Aug. 12, 2006, 120 Stat. 683, which renamed it the Carl D. Perkins Career and Technical Education Act of 2006. 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, referred to in subsec. (a)(4)(B), is act June 20, 1936, ch. 638, 49 Stat. 1559, as amended, known as the Randolph-Sheppard Act and also popularly known as the Randolph- Sheppard Vending Stand Act, 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 notes 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. -MISC1- 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. -MISC2- 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. -End- -CITE- 20 USC Sec. 3442 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS -HEAD- Sec. 3442. Repealed. -MISC1- Sec. 3442. Repealed. Pub. L. 99-145, title XII, Sec. 1204(a)(1), Nov. 8, 1985, 99 Stat. 720. 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. -End- -CITE- 20 USC Sec. 3443 01/03/2007 -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. -MISC1- 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". -End- -CITE- 20 USC Sec. 3444 01/03/2007 -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. -MISC1- PRIOR PROVISIONS A prior section 303 of Pub. L. 96-88 was renumbered section 302 and is classified to section 3443 of this title. -End- -CITE- 20 USC Sec. 3445 01/03/2007 -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 (!1) of the Omnibus Crime Control and Safe Streets Act of 1968. -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. -MISC1- PRIOR PROVISIONS A prior section 304 of Pub. L. 96-88 was renumbered section 303 and is classified to section 3444 of this title. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 20 USC Sec. 3446 01/03/2007 -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. -MISC1- PRIOR PROVISIONS A prior section 305 of Pub. L. 96-88 was renumbered section 304 and is classified to section 3445 of this title. -End- -CITE- 20 USC Sec. 3447 01/03/2007 -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. -End- -CITE- 20 USC SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS -HEAD- SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS -End- -CITE- 20 USC Part A - Personnel Provisions 01/03/2007 -EXPCITE- TITLE 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS Part A - Personnel Provisions -HEAD- PART A - PERSONNEL PROVISIONS -End- -CITE- 20 USC Sec. 3461 01/03/2007 -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