20 U.S.C. § 3473 — Reorganization of Department

Page 1177 TITLE 20—EDUCATION § 3473 Editorial Notes CODIFICATION In subsecs. (a) and (d), ‘‘May 4, 1980’’ substituted for ‘‘the effective date of this chapter’’ pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title. AMENDMENTS 1995—Subsec. (a)(2). Pub. L. 104–66 struck out before period at end ‘‘and shall, within 120 days after the en- actment of an appropriation Act containing a work- year limitation, prepare and transmit to the Congress a report on such allocation. Such report shall include explanations and justifications for the allocations made by the Secretary and shall indicate the necessary personnel actions which will be required as a con- sequence of such allocation. Not later than 120 days after the conclusion of any fiscal year to which a work- year limitation established under paragraph (1) applies, the Secretary shall prepare and transmit to the Con- gress a report on compliance with such limitation indi- cating the total work-years actually expended by the Department and by the organizational units and com- ponents to which such work-years were allocated’’. PART B—GENERAL ADMINISTRATIVE PROVISIONS § 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 appropria- tion 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 offi- cial 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 Commis- sioner of Education or the Assistant Secretary for Education of the Department of Health, Edu- cation, and Welfare, shall report to the Sec- retary. (2) The Secretary is authorized to delegate re- porting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department. (Pub. L. 96–88, title IV, § 411, Oct. 17, 1979, 93 Stat. 683.) Editorial Notes CODIFICATION In subsec. (b)(1), ‘‘May 4, 1980’’ substituted for ‘‘the effective date of this chapter’’ pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title. § 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 au- thorize such successive redelegations of such functions within the Department as may be nec- essary or appropriate. No delegation of func- tions 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. (Pub. L. 96–88, title IV, § 412, Oct. 17, 1979, 93 Stat. 684.) § 3473. Reorganization of Department (a) Authorization; limitations The Secretary is authorized, subject to the re- quirements of section 3412(f) of this title, to al- locate or reallocate functions among the officers of the Department, and to establish, consoli- date, alter, or discontinue such organizational entities within the Department as may be nec- essary 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, ex- cept as provided in subsection (b); (2) the abolition of organizational entities established by this chapter; or (3) the alteration of the delegation of func- tions to any specific organizational entity re- quired 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 statu- tory entities, or reallocate any functions vested by statute in the following statutory entities: (A) the Office of English Language Acquisi- tion, 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 Sta- tistics; (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 train- ing 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 para- graph (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 Com- mittee 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 re- lied upon in support of such proposed action. (Pub. L. 96–88, title IV, § 413, Oct. 17, 1979, 93 Stat. 684; Pub. L. 96–496, title II, § 202, Dec. 4, Page 1178 TITLE 20—EDUCATION § 3474 1980, 94 Stat. 2593; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(c)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313; Pub. L. 107–110, title X, § 1072(b), Jan. 8, 2002, 115 Stat. 2089.) Editorial Notes AMENDMENTS 2002—Subsec. (b)(1)(A). Pub. L. 107–110 substituted ‘‘Office of English Language Acquisition, Language En- hancement, and Academic Achievement for Limited English Proficient Students’’ for ‘‘Office of Bilingual Education’’. 1996—Subsec. (b)(1)(H) to (M). Pub. L. 104–208 redesig- nated subpars. (I) to (M) as (H) to (L), respectively, and struck out former subpar. (H) which authorized Sec- retary to consolidate, alter, discontinue, or reallocate any functions vested by statute in Office of Libraries and Learning Resources. 1980—Subsec. (b)(1). Pub. L. 96–496 redesignated sub- par. (N) as (M) and struck out former subpar. (M), which authorized the Secretary to reallocate the func- tions or to alter or discontinue the Institute of Mu- seum Services. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of this title. NATIONAL INSTITUTE OF EDUCATION The National Institute of Education was established by section 1221e of this title which as amended gen- erally by Pub. L. 99–498, title XIV, § 1401(a), Oct. 17, 1986, 100 Stat. 1589, provided objectives and duties for the Of- fice of Educational Research and Improvement and es- tablished the National Advisory Council on Edu- cational Research and Improvement, and section 1401(b) of Pub. L. 99–498 transferred the property and records of the National Institute of Education to the Office of Educational Research and Improvement. OFFICE OF MIGRANT EDUCATION Pub. L. 98–511, title VII, § 701(b), Oct. 19, 1984, 98 Stat. 2405, provided that: ‘‘For the purposes of section 413(a) of the Department of Education Organization Act (20 U.S.C. 3473), the Office of Migrant Education shall be considered to be an organizational entity established by such Act [20 U.S.C. 3401 et seq.] and shall not be sub- ject to the reorganizational authority of the Secretary of Education under that section or any other provision of law.’’ § 3474. Rules and regulations The Secretary is authorized to prescribe such rules and regulations as the Secretary deter- mines necessary or appropriate to administer and manage the functions of the Secretary or the Department. (Pub. L. 96–88, title IV, § 414, Oct. 17, 1979, 93 Stat. 685; Pub. L. 99–145, title XII, § 1204(a)(5), Nov. 8, 1985, 99 Stat. 720; Pub. L. 103–382, title II, § 271(d)(1), Oct. 20, 1994, 108 Stat. 3930.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–382 struck out subsec. (a) designa- tion and subsec. (b) which read as follows: ‘‘The Sec- retary, in promulgating rules and regulations as au- thorized by statute, shall prescribe such rules and regu- lations in accordance with chapter 5 of title 5. Section 1232 of this title also shall apply to such rules and regu- lations to the extent applicable immediately prior to May 4, 1980, and to rules and regulations promulgated with respect to programs transferred under sections 3441(a)(1), (2), and (4), 3443, 3444, 3445, and 3446 of this title.’’ 1985—Subsec. (b). Pub. L. 99–145 struck out reference to section 3442 of this title. § 3475. Contracts (a) Authorization of Secretary Subject to the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub- title I of title 41, the Secretary is authorized to make, enter into, and perform such contracts, grants, leases, cooperative agreements, or other similar transactions with Federal or other pub- lic agencies (including State and local govern- ments) and private organizations and persons, and to make such payments, by way of advance or reimbursement, as the Secretary may deter- mine necessary or appropriate to carry out func- tions 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 ap- propriation Acts. This subsection shall not apply with respect to the authority granted under section 3481 of this title. (Pub. L. 96–88, title IV, § 415, Oct. 17, 1979, 93 Stat. 685.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 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 Sec- retary or the Department. (Pub. L. 96–88, title IV, § 416, Oct. 17, 1979, 93 Stat. 685.) § 3477. Acquisition and maintenance of property (a) Authorized properties; establishment of nec- essary facilities The Secretary is authorized—