TITLE 20 - US CODE - CHAPTER 48 - DEPARTMENT OF EDUCATION

TITLE 20 - US CODE - SUBCHAPTER I - GENERAL PROVISIONS

20 USC 3401 - Congressional findings

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;

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(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.

20 USC 3402 - Congressional declaration of purpose

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.

20 USC 3403 - Relationship with States

(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.

20 USC 3404 - Definitions

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.

TITLE 20 - US CODE - SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT

20 USC 3411 - Establishment of Department; appointment of Secretary

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.

20 USC 3412 - Principal officers

(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.

20 USC 3413 - Office for Civil Rights

(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 GS18 of the General Schedule under section 5332 of such title.

20 USC 3414 - Office of Elementary and Secondary Education; inclusion of Office of Migrant Education

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].

20 USC 3415 - Office of Postsecondary Education

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.

20 USC 3416 - Office of Vocational and Adult Education

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.

20 USC 3417 - Office of Special Education and Rehabilitative Services

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.

20 USC 3418 - Repealed. Pub. L. 99145, title XII, 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

Section, Pub. L. 96–88, title II, § 208, Oct. 17, 1979, 93 Stat. 674, provided for an Office of Education for Overseas Dependents in Department of Education.

20 USC 3419 - Institute of Education Sciences

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)].

20 USC 3420 - Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

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.

20 USC 3421 - Office of General Counsel

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.

20 USC 3422 - Office of Inspector General

There shall be in the Department an Office of Inspector General, established in accordance with the Inspector General Act of 1978.

20 USC 3423 - Repealed. Pub. L. 101392, title VI, 602(a)(1), Sept. 25, 1990, 104 Stat. 840

Section, Pub. L. 96–88, title II, § 213, Oct. 17, 1979, 93 Stat. 675, established the Intergovernmental Advisory Council on Education.

20 USC 3423a - Office of Correctional Education

(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.

20 USC 3423b - Office of Non-Public Education

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.

20 USC 3423c - Office of Indian Education

(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.
[1] See References in Text note below.

20 USC 3423d - Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

(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.

20 USC 3424 - Federal Interagency Committee on Education

(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.

20 USC 3425 - Office of Educational Technology

(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.
[1] See References in Text note below.

20 USC 3426 - Liaison for Proprietary Institutions of Higher Education

(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.

20 USC 3427 - Coordinator for the outlying areas

(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.

TITLE 20 - US CODE - SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS

20 USC 3441 - Transfers from Department of Health, Education, and Welfare

(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.];
(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.

20 USC 3442 - Repealed. Pub. L. 99145, title XII, 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

Section, Pub. L. 96–88, title III, § 302, Oct. 17, 1979, 93 Stat. 679; Pub. L. 97–252, title XI, § 1118, Sept. 8, 1982, 96 Stat. 753; Pub. L. 98–94, title XII, § 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.

20 USC 3443 - Transfers from Department of Labor

(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.

20 USC 3444 - Transfer of programs from National Science Foundation

(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.].

20 USC 3445 - Transfers from Department of Justice

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.
[1] See References in Text note below.

20 USC 3446 - Transfers from Department of Housing and Urban Development

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.].

20 USC 3447 - Effect of transfers

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.

TITLE 20 - US CODE - SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS

Part A - Personnel Provisions

20 USC 3461 - Officers and employees

(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 GS16, GS17, and GS18 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, § 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, § 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.

20 USC 3462 - Experts and consultants

(a) In general 
The Secretary may as provided in appropriation Acts obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5 and may compensate such experts and consultants at rates not to exceed the daily rate prescribed for GS18 of the General Schedule under section 5332 of such title.
(b) Special rule 

(1) In general 
Notwithstanding any other provision of law, the Secretary may use not more than 1 percent of the funds appropriated for any education program that awards such funds on a competitive basis to pay the expenses and fees of non-Federal experts necessary to review applications and proposals for such funds.
(2) Applicability 
The provisions of paragraph (1) shall not apply to any education program under which funds are authorized to be appropriated to pay the fees and expenses of non-Federal experts to review applications and proposals for such funds.

20 USC 3463 - Personnel reduction and annual limitations

(a) Work-years limitation; allocations; adjustments 

(1) Notwithstanding any other provision of this chapter, there shall be included in each appropriation Act containing appropriations for the administration of the Department for any fiscal year beginning after September 30, 1981 (other than an appropriation Act containing only supplemental appropriations for the Department), an annual limitation on the total number of work-years for the personnel of the Department.
(2) The Secretary shall prescribe the allocation of the work-years available under paragraph (1) among the organizational units and components of the Department.
(3) If the President transmits any reorganization plan under chapter 9 of title 5 which would result in the transfer of functions or offices to the Secretary or the Department, the message transmitting the plan shall include any adjustments which may be necessary in a work-year limitation established under paragraph (1) to reflect changes in the work-years required as a result of such plan.
(b) Full-time equivalent personnel reductions 
Not later than the end of the first fiscal year beginning after May 4, 1980, the number of full-time equivalent personnel positions available for performing functions transferred to the Secretary or the Department by this chapter shall be reduced by 500.
(c) Personnel computations 

(1) Computations required to be made for purposes of this section shall be made on the basis of all personnel employed by the Department, including experts and consultants employed under section 3109 of title 5 and all other part-time and full-time personnel employed to perform functions of the Secretary or the Department, except personnel employed under special programs for students and disadvantaged youth (including temporary summer employment).
(2) The Director of the Office of Personnel Management shall, by rule, establish a method for computing work-years for personnel of the Department as described in paragraph (1).
(d) Report on effects of reorganization on employees 
The Director of the Office of Personnel Management shall, as soon as practicable, but not later than one year after May 4, 1980, prepare and transmit to the Congress a report on the effects on employees of the reorganization under this chapter, which shall include
(1) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this chapter;
(2) a statement of the number of employees entitled to pay savings by reason of the organization under this chapter;
(3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of such reorganization;
(4) an estimate of the personnel costs associated with such reorganization;
(5) the effects of such reorganization on labor management relations; and
(6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary.

Part B - General Administrative Provisions

20 USC 3471 - General authority

(a) Force and effect of actions by Secretary 
In carrying out any function transferred by this chapter, the Secretary, or any officer or employee of the Department, may exercise any authority available by law (including appropriation Acts) with respect to such function to the official or agency from which such function is transferred, and the actions of the Secretary in exercising such authority shall have the same force and effect as when exercised by such official or agency.
(b) Reporting requirements 

(1) The director of any office continued in the Department the director of which was required, prior to May 4, 1980, to report to the Commissioner of Education or the Assistant Secretary for Education of the Department of Health, Education, and Welfare, shall report to the Secretary.
(2) The Secretary is authorized to delegate reporting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department.

20 USC 3472 - Delegation of functions

Except as otherwise provided in this chapter, the Secretary may delegate any function to such officers and employees of the Department as the Secretary may designate, and may authorize such successive redelegations of such functions within the Department as may be necessary or appropriate. No delegation of functions by the Secretary under this section or under any other provision of this chapter shall relieve the Secretary of responsibility for the administration of such functions.

20 USC 3473 - Reorganization of Department

(a) Authorization; limitations 
The Secretary is authorized, subject to the requirements of section 3412 (f) of this title, to allocate or reallocate functions among the officers of the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate, but the authority of the Secretary under this subsection does not extend to
(1) any office, bureau, unit, or other entity transferred to the Department and established by statute or any function vested by statute in such an entity or officer of such an entity, except as provided in subsection (b) of this section;
(2) the abolition of organizational entities established by this chapter; or
(3) the alteration of the delegation of functions to any specific organizational entity required by this chapter.
(b) Alteration, consolidation, or discontinuance of statutory and organizational entities 

(1) The Secretary may, in accordance with paragraph (2) of this subsection, consolidate, alter, or discontinue any of the following statutory entities, or reallocate any functions vested by statute in the following statutory entities:
(A) the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students;
(B) the Teacher Corps;
(C) the Community College Unit;
(D) the National Center for Education Statistics;
(E) the National Institute of Education;
(F) the Office of Environmental Education;
(G) the Office of Consumers Education;
(H) the Office of Indian Education;
(I) the Office of Career Education;
(J) the Office of Non-Public Education;
(K) the bureau for the education and training for the handicapped; and
(L) the administrative units for guidance and counseling programs, the veterans cost of instruction program, and the program for the gifted and talented children.
(2) The Secretary may alter, consolidate, or discontinue any organizational entity continued within the Department and described in paragraph (1) of this subsection or reallocate any function vested by statute in such an entity, upon the expiration of a period of ninety days after the receipt by the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives of notice given by the Secretary containing a full and complete statement of the action proposed to be taken pursuant to this subsection and the facts and circumstances relied upon in support of such proposed action.

20 USC 3474 - Rules and regulations

The Secretary is authorized to prescribe such rules and regulations as the Secretary determines necessary or appropriate to administer and manage the functions of the Secretary or the Department.

20 USC 3475 - Contracts

(a) Authorization of Secretary 
Subject to the provisions of the Federal Property and Administrative Services Act of 1949,[1] the Secretary is authorized to make, enter into, and perform such contracts, grants, leases, cooperative agreements, or other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and to make such payments, by way of advance or reimbursement, as the Secretary may determine necessary or appropriate to carry out functions of the Secretary or the Department.
(b) Limitations 
Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance under appropriation Acts. This subsection shall not apply with respect to the authority granted under section 3481 of this title.
[1] See References in Text note below.

20 USC 3476 - Regional and field offices

The Secretary is authorized to establish, alter, discontinue, or maintain such regional or other field offices as the Secretary may find necessary or appropriate to perform functions of the Secretary or the Department.

20 USC 3477 - Acquisition and maintenance of property

(a) Authorized properties; establishment of necessary facilities 
The Secretary is authorized
(1) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain
(A) schools and related facilities (but only to the extent that operation of schools and related facilities by the Department is authorized by this chapter);
(B) laboratories;
(C) research and testing sites and facilities;
(D) quarters and related accommodations for employees and dependents of employees of the Department; and
(E) personal property (including patents), or any interest therein,

as may be necessary; and

(2) to provide by contract or otherwise for the establishment of eating facilities and other necessary facilities for the health and welfare of employees of the Department at its installations, and purchase and maintain equipment therefor.
(b) Day care center facilities 
The authority available to the Secretary of Health, Education, and Welfare under section 2564 of this title, shall also be available to the Secretary.
(c) Special purpose facilities 
The authority granted by subsection (a) of this section shall be available only with respect to facilities of a special purpose nature that cannot readily be reassigned from similar Federal activities and are not otherwise available for assignment to the Department by the Administrator of General Services.

20 USC 3478 - Facilities at remote locations

(a) Authorized services, supplies and facilities 
The Secretary is authorized to provide, construct, or maintain for employees and their dependents stationed at remote locations as necessary and when not otherwise available at such remote locations
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) dining facilities;
(4) audiovisual equipment, accessories, and supplies for recreation and training;
(5) reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons;
(6) living and working quarters and facilities; and
(7) transportation for dependents of employees of the Department to the nearest appropriate educational facilities.
(b) Reimbursements 
The furnishing of medical treatment under paragraph (1) of subsection (a) of this section and the furnishing of services and supplies under paragraphs (2), (3), and (4) of subsection (a) of this section shall be at prices reflecting reasonable value as determined by the Secretary.
(c) Appropriation credits and refunds 
Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such work or services or used to refund excess sums when necessary.

20 USC 3479 - Use of facilities

(a) Federal, State, local and foreign government facilities 
With their consent, the Secretary may, with or without reimbursement, use the research, equipment, services, and facilities of any agency or instrumentality of the United States, of any State or political subdivision thereof, or of any foreign government, in carrying out any function of the Secretary or the Department.
(b) Public and private permittees 
The Secretary is authorized to permit public and private agencies, corporations, associations, organizations, or individuals to use any real property, or any facilities, structures, or other improvements thereon, under the custody and control of the Secretary for Department purposes. The Secretary shall permit the use of such property, facilities, structures, or improvements under such terms and rates and for such period as may be in the public interest, except that the periods of such uses may not exceed five years. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements used by such permittees to a standard satisfactory to the Secretary. This subsection shall not apply to excess property as defined in section 102 (3) of title 40.
(c) Appropriation credits and refunds 
Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such equipment or facilities provided or to refund excess sums when necessary.
(d) Interests in real property 
Any interest in real property acquired pursuant to this chapter shall be acquired in the name of the United States Government.

20 USC 3480 - Copyrights and patents

The Secretary is authorized to acquire any of the following described rights if the property acquired thereby is for use by or for, or useful to, the Department:
(1) copyrights, patents, and applications for patents, designs, processes, and manufacturing data;
(2) licenses under copyrights, patents, and applications for patents; and
(3) releases, before suit is brought, for past infringement of patents or copyrights.

20 USC 3481 - Gifts and bequests

The Secretary is authorized to accept, hold, administer, and utilize gifts, bequests and devises of property, both real and personal, and to accept donations of services, for the purpose of aiding or facilitating the work of the Department. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon the order of the Secretary.

20 USC 3482 - Technical advice

(a) Authorization 
The Secretary is authorized, upon request, to provide advice, counsel, and technical assistance to applicants or potential applicants for grants and contracts and other interested persons with respect to any functions of the Secretary or the Department.
(b) Consolidation of applications for grants and contracts 
The Secretary may permit the consolidation of applications for grants or contracts with respect to two or more functions of the Secretary or the Department, but such consolidation shall not alter the statutory criteria for approval of applications for funding with respect to such functions.

20 USC 3483 - Working capital fund

(a) Establishment; administrative services included 
The Secretary, with the approval of the Director of the Office of Management and Budget, is authorized to establish for the Department a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as the Secretary shall find to be desirable in the interests of economy and efficiency, including such services as
(1) a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its components;
(2) central messenger, mail, telephone, and other communications services;
(3) office space, central services for document reproduction, and for graphics and visual aids; and
(4) a central library service.
(b) Capital; reimbursement of funds; credit; miscellaneous receipts; transfers 
The capital of the fund shall consist of any appropriations made for the purpose of providing working capital and the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates that will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the Treasury as miscellaneous receipts any surplus of the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain such fund. There shall be transferred to the fund the stocks of supplies, equipment, other assets, liabilities, and unpaid obligations relating to the services which the Secretary determines, with the approval of the Director of the Office of Management and Budget, will be performed.

20 USC 3484 - Funds transfer

The Secretary may, when authorized in an appropriation Act in any fiscal year, transfer funds from one appropriation to another within the Department, except that no appropriation for any fiscal year shall be either increased or decreased pursuant to this section by more than 5 percent and no such transfer shall result in increasing any such appropriation above the amount authorized to be appropriated therefor.

20 USC 3485 - Seal of Department

The Secretary shall cause a seal of office to be made for the Department of such design as the Secretary shall approve. Judicial notice shall be taken of such seal.

20 USC 3486 - Annual report

(a) Contents 
The Secretary shall, as soon as practicable after the close of each fiscal year, make a single, comprehensive report to the President for transmission to the Congress on the activities of the Department during such fiscal year. The report shall include a statement of goals, priorities, and plans for the Department together with an assessment of the progress made toward
(1) the attainment of such goals, priorities, and plans;
(2) the more effective and efficient management of the Department and the coordination of its functions; and
(3) the reduction of excessive or burdensome regulation and of unnecessary duplication and fragmentation in Federal education programs,

accompanied where necessary by recommendations for proposed legislation for the achievement of such objectives.

(b) Estimate on non-Federal personnel employed 
The report required by subsection (a) of this section shall also include an estimate of the extent of the non-Federal personnel employed pursuant to contracts entered into by the Department under section 3475 of this title or under any other authority (including any subcontract thereunder), the number of such contracts and subcontracts pursuant to which non-Federal personnel are employed, and the total cost of those contracts and subcontracts.

20 USC 3487 - Repealed. Pub. L. 103382, title II, 271(a)(1), Oct. 20, 1994, 108 Stat. 3929

Section, Pub. L. 96–88, title IV, § 427, Oct. 17, 1979, 93 Stat. 689, related to application of General Education Provisions Act, 20 U.S.C. 1221 et seq., to functions transferred by this chapter.

20 USC 3488 - Authorization of appropriations

Subject to any limitation on appropriations applicable with respect to any function or office transferred to the Secretary or the Department, there are authorized to be appropriated for fiscal year 1980 and each succeeding fiscal year such sums as may be necessary to carry out the provisions of this chapter and to enable the Secretary to administer and manage the Department. Funds appropriated in accordance with this section shall remain available until expended.

20 USC 3489 - General extension of authorizations

Subject to the limitations contained in subtitle A of this title, there are authorized to be appropriated for fiscal years 1982, 1983, and 1984 such sums as may be necessary to carry out each of the following provisions of law:
(1) the Act of September 30, 1950[1] (Public Law 874, 81st Congress);
(2) the Act of September 23, 1950[1] (Public Law 815, 81st Congress);
(3) the General Education Provisions Act [20 U.S.C. 1221 et seq.];
(4) the Indian Education Act;
(5) titles XI [25 U.S.C. 2000 et seq.], XIV [20 U.S.C. 921 et seq.], and XV of the Education Amendments of 1978 and part H of title XIII of the Education Amendments of 1980;
(6) the Adult Education Act;[1]
(7) section 342 of the Education Amendments of 1976 [20 U.S.C. 2532];
(8) the Asbestos School Hazards Detection and Control Act [20 U.S.C. 3601 et seq.];
(9) the Joint Resolution of October 19, 1972 (86 Stat. 907);
(10) the Vocational Education Act of 1963;[1]
(11) title IV of the Civil Rights Act of 1964 [42 U.S.C. 2000c et seq.];
(12) the Navajo Community College Act [25 U.S.C. 640a et seq.] and the Tribally Controlled College or University Assistance Act of 1978 [25 U.S.C. 1801 et seq.];
(13) part C of title IX of the Elementary and Secondary Education Act of 1965,[1] relating to Womens Educational Equity; and
(14) title VII of the Elementary and Secondary Education Act of 1965.[1]
[1] See References in Text note below.

20 USC 3490 - Potential financial interests or impaired objectivity of covered individuals or entities

(a) Maintenance of integrity and ethical values within Department of Education 
Within 60 days after December 26, 2007, the Secretary of Education shall implement procedures
(1) to assess whether a covered individual or entity has a potential financial interest in, or impaired objectivity towards, a product or service purchased with, or guaranteed or insured by, funds administered by the Department of Education or a contracted entity of the Department; and
(2) to disclose the existence of any such potential financial interest or impaired objectivity.
(b) Review by Inspector General 

(1) Within 60 days after the implementation of the procedures described in subsection (a), the Inspector General of the Department of Education shall report to the Committees on Appropriations of the House of Representatives and the Senate on the adequacy of such procedures.
(2) Within 1 year, the Inspector General shall conduct at least 1 review to ensure that such procedures are properly implemented and are effective to uncover and disclose the existence of potential financial interests or impaired objectivity described in subsection (a).
(3) The Inspector General shall report to such Committees any recommendations for modifications to such procedures that the Inspector General determines are necessary to uncover and disclose the existence of such potential financial interests or impaired objectivity.
(c) Definition 
For purposes of this section, the term covered individual or entity means
(1) an officer or professional employee of the Department of Education;
(2) a contractor or subcontractor of the Department, or an individual hired by the contracted entity;
(3) a member of a peer review panel of the Department; or
(4) a consultant or advisor to the Department.

TITLE 20 - US CODE - SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

20 USC 3501 - Transfer and allocation of appropriations and personnel

(a) Personnel and appropriations in connection with functions and offices transferred by this chapter; use of unexpended funds 
Except as otherwise provided in this chapter, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof transferred by this chapter, subject to section 1531 of title 31, shall be transferred to the Secretary for appropriate allocation. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.
(b) Positions specified to carry out functions or offices transferred by this chapter 
Positions expressly specified by statute or reorganization plan to carry out functions or offices transferred by this chapter, personnel occupying those positions on the effective date of this chapter, and personnel authorized to receive compensation in such positions at the rate prescribed for offices and positions at level IV or V of the Executive Schedule (5 U.S.C. 5315–5316) on May 4, 1980, shall be subject to the provisions of section 3503 of this title.

20 USC 3502 - Effect on personnel

(a) Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions 
Except as otherwise provided in this chapter, the transfer pursuant to this subchapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department.
(b) Positions compensated in accordance with Executive Schedule 
Any person who, on the day preceding May 4, 1980, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.

20 USC 3503 - Agency terminations

(a) Specific terminations 
On May 4, 1980, the following entities shall terminate:
(A) the Education Division of the Department of Health, Education, and Welfare, including the Office of Education;
(B) the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare;
(C) the Bureau of Occupational and Adult Education of the Department of Health, Education, and Welfare.
(b) Positions authorized to be compensated at rate prescribed for level IV or V of the Executive Schedule 
Each position which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rate prescribed for level IV or V of the Executive Schedule (5 U.S.C. 5315–5316), in an office terminated pursuant to this chapter shall also terminate.

20 USC 3504 - Incidental transfers

(a) Authorization of Director of Office of Management and Budget; termination of affairs 
The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized and directed to make such determinations as may be necessary with regard to the functions, offices, or portions thereof transferred by this chapter, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, offices, or portions thereof, as may be necessary to carry out the provisions of this chapter. The Director shall provide for the termination of the affairs of all entities terminated by this chapter and for such further measures and dispositions as may be necessary to effectuate the purposes of this chapter.
(b) Transfer of positions within Senior Executive Service 
After consultation with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget is authorized, at such time as the Director of the Office of Management and Budget provides, to make such determinations as may be necessary with regard to the transfer of positions within the Senior Executive Service in connection with functions and offices transferred by this chapter.

20 USC 3505 - Savings provisions

(a) Orders, determinations, etc. 
All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter to the Secretary or the Department, and
(2) which are in effect on May 4, 1980,

shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law.

(b) Proceedings and applications; transfer 

(1) The provisions of this chapter shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on May 4, 1980, before any department, agency, commission, or component thereof, functions of which are transferred by this chapter; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted.
(2) The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1) to the Department.
(c) Actions 
Except as provided in subsection (e) of this section
(1) the provisions of this chapter shall not affect suits commenced prior to May 4, 1980, and
(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.
(d) Liabilities incurred 
No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any department or agency, functions of which are transferred by this chapter, shall abate by reason of the enactment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this chapter.
(e) Parties 
If, before May 4, 1980, any department or agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this chapter any function of such department, agency, or officer is transferred to the Secretary or any other official of the Department, then such suit shall be continued with the Secretary or other appropriate official of the Department substituted or added as a party.
(f) Review 
Orders and actions of the Secretary in the exercise of functions transferred under this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this chapter shall apply to the exercise of such function by the Secretary.

20 USC 3506 - Separability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

20 USC 3507 - Existing references to transferor officials or bodies deemed references to transferee officials or bodies

With respect to any function transferred by this chapter and exercised on or after May 4, 1980, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, other official, or component of the Department to which this chapter transfers such functions.

20 USC 3508 - Department of Health and Human Services

(a) Redesignation of Department of Health, Education, and Welfare 
The Department of Health, Education, and Welfare is hereby redesignated the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare or any other official of the Department of Health, Education, and Welfare is hereby redesignated the Secretary or official, as appropriate, of Health and Human Services.
(b) Reference to Department, Secretary, etc., of Health, Education, and Welfare deemed reference to Department, Secretary, etc., of Health and Human Services 
Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on May 4, 1980, shall be deemed to refer and apply to the Department of Health and Human Services or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this chapter.

20 USC 3509 - Coordination of programs for handicapped

The Secretary of Health and Human Services shall identify, assess, coordinate, and eliminate conflict, duplication, and inconsistencies among programs significantly affecting handicapped individuals carried out by or under the Department of Health and Human Services, shall promote efficiency among such programs, and shall seek to coordinate, to the maximum extent feasible, such programs with programs significantly affecting handicapped individuals carried out by or under the Department of Education.

20 USC 3510 - Transitional provisions

With the consent of the appropriate department or agency head concerned, the Secretary is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions or offices have been transferred to the Secretary or the Department, and funds appropriated to such functions or offices for such period of time as may reasonably be needed to facilitate the orderly implementation of this chapter.