dreamproit/uscode huggingface dataset:
20 U.S.C. § 3422 (EDUCATION)
§ 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.
(Pub. L. 96–88, title II, § 211, formerly § 212, Oct. 17, 1979, 93 Stat. 675; renumbered § 211, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)
heading: References in Text
text: The Inspector General Act of 1978, referred to in text, is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 211 of Pub. L. 96–88 was renumbered section 210 and is classified to section 3421 of this title.
20 U.S.C. § 3423 (EDUCATION)
§ 3423. Repealed. Pub. L. 101–392, title VI, § 602(a)(1), Sept. 25, 1990, 104 Stat. 840
text: Section, Pub. L. 96–88, title II, § 213, Oct. 17, 1979, 93 Stat. 675, established the Intergovernmental Advisory Council on Education.
heading: Effective Date of Repeal
text: Repeal effective July 1, 1991, see section 702(a) of Pub. L. 101–392, set out as an Effective Date note under section 3423a of this title.
20 U.S.C. § 3423b (EDUCATION)
§ 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.
(Pub. L. 96–88, title II, § 214, as added Pub. L. 103–382, title II, § 271(c), Oct. 20, 1994, 108 Stat. 3929.)
heading: Prior Provisions
text: A prior section 214 of Pub. L. 96–88 was renumbered section 212 and is classified to section 3423a of this title.
Another prior section 214 of Pub. L. 96–88 was renumbered section 217 and is classified to section 3424 of this title.
20 U.S.C. § 3423c (EDUCATION)
§ 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.
(Pub. L. 96–88, title II, § 215, as added Pub. L. 103–382, title III, § 372(2), Oct. 20, 1994, 108 Stat. 3977.)
heading: References in Text
text: This title, referred to in subsec. (b)(2)(A), is title II of Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 671, which is classified to this subchapter, but probably should have been a reference to part A of title IX of the Elementary and Secondary Education Act of 1965. Part A of title IX of that Act was classified generally to part A (§ 7801 et seq.) of subchapter IX of chapter 70 of this title, prior to general amendment by Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1956. Provisions similar to those formerly appearing in part A of title IX are contained in part A of title VII of that Act, which is classified generally to part A (§ 7401 et seq.) of subchapter VII of chapter 70 of this title. For complete classification of the Elementary and Secondary Education Act of 1965 to the Code, see Short Title note set out under section 6301 of this title and Tables.
heading: Prior Provisions
text: A prior section 215 of Pub. L. 96–88 was renumbered section 217 and is classified to section 3424 of this title.
Provisions similar to those in this section were contained in section 2641 of Title 25, Indians, prior to repeal by Pub. L. 103–382, § 367.
heading: Office of Educational Research and Improvement
text: The Office of Educational Research and Improvement was established by section 3419 of this title. Section 3419 was repealed and a new section 3419 establishing the Institute of Educational Sciences was enacted by Pub. L. 107–279, title IV, § 402(2), Nov. 5, 2002, 116 Stat. 1985.
20 U.S.C. § 3425 (EDUCATION)
§ 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.
(Pub. L. 96–88, title II, § 218, formerly § 216, as added Pub. L. 103–227, title II, § 233(a), Mar. 31, 1994, 108 Stat. 154; renumbered § 218, Pub. L. 107–110, title X, § 1072(e)(3), Jan. 8, 2002, 115 Stat. 2090.)
heading: References in Text
text: Section 5862 of this title, referred to in subsec. (b)(3), was repealed by Pub. L. 103–382, title III, § 361(a), Oct. 20, 1994, 108 Stat. 3974.
heading: Transfer of Office of Training Technology Transfer
text: Pub. L. 103–227, title II, § 236(a)(1), Mar. 31, 1994, 108 Stat. 156, provided that: “The Office of Training Technology Transfer as established under section 6103 of the Training Technology Transfer Act of 1988 ([former] 20 U.S.C. 5093) is transferred to and established in the Office of Educational Technology.”
20 U.S.C. § 3426 (EDUCATION)
§ 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.
(Pub. L. 96–88, title II, § 219, as added Pub. L. 105–244, title IX, § 961, Oct. 7, 1998, 112 Stat. 1836.)
heading: Effective Date
text: Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.
20 U.S.C. § 3427 (EDUCATION)
§ 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.
(Pub. L. 96–88, title II, § 220, as added Pub. L. 107–110, title X, § 1072(a), Jan. 8, 2002, 115 Stat. 2088.)
heading: Effective Date
text: Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of this title.
20 U.S.C. § 3442 (EDUCATION)
§ 3442. Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720
text: 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 U.S.C. § 3443 (EDUCATION)
§ 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.
(Pub. L. 96–88, title III, § 302, formerly § 303, Oct. 17, 1979, 93 Stat. 680; renumbered § 302, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(16)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–421.)
heading: References in Text
text: Section 601 of this Act, referred to in subsec. (a), is section 601 of Pub. L. 96–88, which is set out as an Effective Date note under section 3401 of this title.
heading: Prior Provisions
text: A prior section 302 of Pub. L. 96–88 was classified to section 3442 of this title prior to repeal by Pub. L. 99–145.
heading: Amendments
text: 1998—Subsec. (a). Pub. L. 105–277 substituted “relating to such education” for “under section 303(c)(2) of the Comprehensive Employment and Training Act”.
20 U.S.C. § 3445 (EDUCATION)
§ 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.
(Pub. L. 96–88, title III, § 304, formerly § 305, Oct. 17, 1979, 93 Stat. 680; renumbered § 304, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)
heading: References in Text
text: Section 406 of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in text, is section 406 of title I of Pub. L. 90–351, June 19, 1968, 82 Stat. 204, which was classified to section 3746 of Title 42, The Public Health and Welfare. Title I of the Act was amended generally by Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1167, and provisions formerly contained in section 406 of the Act were contained in section 705 of part G of title I of the Act, which was classified to section 3775 of Title 42. Subsequently, part G of title I of the Act was amended generally by Pub. L. 98–473, title II, § 609A(a), Oct. 12, 1984, 98 Stat. 2090, and, as so amended, did not contain a section 705 or similar provisions.
heading: Prior Provisions
text: A prior section 304 of Pub. L. 96–88 was renumbered section 303 and is classified to section 3444 of this title.
20 U.S.C. § 3446 (EDUCATION)
§ 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.].
(Pub. L. 96–88, title III, § 305, formerly § 306, Oct. 17, 1979, 93 Stat. 681; renumbered § 305, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)
heading: References in Text
text: The Housing Act of 1950, referred to in text, is act Apr. 20, 1950, ch. 94, 64 Stat. 48, as amended. Title IV of the Housing Act of 1950 which was classified generally to subchapter IX (§ 1749 et seq.) of chapter 13 of Title 12, Banks and Banking, was repealed by Pub. L. 99–498, title VII, § 702, Oct. 17, 1986, 100 Stat. 1545. For complete classification of this Act to the Code, see Short Title of 1950 Amendment note set out under section 1701 of Title 12 and Tables.
heading: Prior Provisions
text: A prior section 305 of Pub. L. 96–88 was renumbered section 304 and is classified to section 3445 of this title.
20 U.S.C. § 3447 (EDUCATION)
§ 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.
(Pub. L. 96–88, title III, § 306, formerly § 307, Oct. 17, 1979, 93 Stat. 681; renumbered § 306, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)
heading: Prior Provisions
text: A prior section 306 of Pub. L. 96–88 was renumbered section 305 and is classified to section 3446 of this title.
20 U.S.C. § 3462 (EDUCATION)
§ 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 GS–18 of the General Schedule under section 5332 of such title.
(b) Special rule
(1) In general
Notwithstanding any other provision of law, the Secretary may use not more than 1 percent of the funds appropriated for any education program that awards such funds on a competitive basis to pay the expenses and fees of non-Federal experts necessary to review applications and proposals for such funds.
(2) Applicability
The provisions of paragraph (1) shall not apply to any education program under which funds are authorized to be appropriated to pay the fees and expenses of non-Federal experts to review applications and proposals for such funds.
(Pub. L. 96–88, title IV, § 402, Oct. 17, 1979, 93 Stat. 682; Pub. L. 103–227, title IX, § 981, Mar. 31, 1994, 108 Stat. 263.)
heading: Amendments
text: 1994—Pub. L. 103–227 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
20 U.S.C. § 3471 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 411, Oct. 17, 1979, 93 Stat. 683.)
heading: Codification
text: 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.
20 U.S.C. § 3472 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 412, Oct. 17, 1979, 93 Stat. 684.)
20 U.S.C. § 3474 (EDUCATION)
§ 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.
(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.)
heading: Amendments
text: 1994—Pub. L. 103–382 struck out subsec. (a) designation and subsec. (b) which read as follows: “The Secretary, in promulgating rules and regulations as authorized by statute, shall prescribe such rules and regulations in accordance with chapter 5 of title 5. Section 1232 of this title also shall apply to such rules and regulations to the extent applicable immediately prior to May 4, 1980, and to rules and regulations promulgated with respect to programs transferred under sections 3441(a)(1), (2), and (4), 3443, 3444, 3445, and 3446 of this title.”
1985—Subsec. (b). Pub. L. 99–145 struck out reference to section 3442 of this title.
20 U.S.C. § 3475 (EDUCATION)
§ 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 subtitle 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 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.
(Pub. L. 96–88, title IV, § 415, Oct. 17, 1979, 93 Stat. 685.)
heading: Codification
text: 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.
20 U.S.C. § 3476 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 416, Oct. 17, 1979, 93 Stat. 685.)