dreamproit/uscode huggingface dataset:
20 U.S.C. § 3477 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 417, Oct. 17, 1979, 93 Stat. 685.)
20 U.S.C. § 3478 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 418, Oct. 17, 1979, 93 Stat. 686.)
20 U.S.C. § 3479 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 419, Oct. 17, 1979, 93 Stat. 686; Pub. L. 99–145, title XII, § 1204(a)(2), Nov. 8, 1985, 99 Stat. 720.)
heading: Codification
text: “Section 102(3) of title 40” substituted in subsec. (b) for “section 3(e) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–145 struck out par. (1) designation and par. (2) which provided for treatment of personnel, upon transfer of functions and personnel from the Secretary of Defense to the Secretary of Education, as employees of the Department of Defense for the purpose of access to services and facilities provided by the Department of Defense.
20 U.S.C. § 3480 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 420, Oct. 17, 1979, 93 Stat. 687.)
20 U.S.C. § 3481 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 421, Oct. 17, 1979, 93 Stat. 687; Pub. L. 103–382, title II, § 271(d)(2), Oct. 20, 1994, 108 Stat. 3930.)
heading: Amendments
text: 1994—Pub. L. 103–382 inserted “and to accept donations of services,” after “personal,”.
20 U.S.C. § 3482 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 422, Oct. 17, 1979, 93 Stat. 687.)
20 U.S.C. § 3483 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 423, Oct. 17, 1979, 93 Stat. 687.)
20 U.S.C. § 3484 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 424, Oct. 17, 1979, 93 Stat. 688.)
20 U.S.C. § 3486 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 426, Oct. 17, 1979, 93 Stat. 688.)
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to transmission of report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 80 of House Document No. 103–7.
20 U.S.C. § 3487 (EDUCATION)
§ 3487. Repealed. Pub. L. 103–382, title II, § 271(a)(1), Oct. 20, 1994, 108 Stat. 3929
text: 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 U.S.C. § 3488 (EDUCATION)
§ 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.
(Pub. L. 96–88, title IV, § 427, formerly § 428, Oct. 17, 1979, 93 Stat. 689; renumbered § 427, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.)
heading: Prior Provisions
text: A prior section 427 of Pub. L. 96–88 was classified to section 3487 of this title prior to repeal by Pub. L. 103–382.
20 U.S.C. § 3490 (EDUCATION)
§ 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.
(Pub. L. 110–161, div. G, title III, § 306, Dec. 26, 2007, 121 Stat. 2198.)
heading: Codification
text: Section was enacted as part of the Department of Education Appropriations Act, 2008, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008, and the Consolidated Appropriations Act, 2008, and not as part of the Department of Education Organization Act which comprises this chapter.
20 U.S.C. § 3501 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 501, Oct. 17, 1979, 93 Stat. 689.)
heading: Codification
text: In subsec. (a), “section 1531 of title 31” substituted for “section 202 of the Budget and Accounting Procedures Act of 1950 [31 U.S.C. 581c]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
In subsec. (b), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.
20 U.S.C. § 3502 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 502, Oct. 17, 1979, 93 Stat. 690.)
heading: Codification
text: In subsec. (b), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.
heading: Abolished Positions Deemed Transferred
text: Pub. L. 96–88, title V, § 508(l)(4), Oct. 17, 1979, 93 Stat. 694, provided that: “Positions abolished as a consequence of the amendments made by this subsection [amending sections 1102, 2390, and 3012 of this title] shall, for purposes of section 502(a) [subsec. (a) of this section], be deemed to be permanent positions transferred pursuant to title V of this Act [this subchapter].”
20 U.S.C. § 3503 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 503, Oct. 17, 1979, 93 Stat. 690; Pub. L. 99–145, title XII, § 1204(a)(3), Nov. 8, 1985, 99 Stat. 720.)
heading: Codification
text: In subsec. (a), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.
heading: Amendments
text: 1985—Subsec. (a). Pub. L. 99–145 struck out par. (1) designation and par. (2) which provided for termination of Office of Dependents’ Education of Department of Defense whenever President exercises authority under section 3442(a) of this title.
20 U.S.C. § 3504 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 504, Oct. 17, 1979, 93 Stat. 690.)
20 U.S.C. § 3506 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 506, Oct. 17, 1979, 93 Stat. 692.)
20 U.S.C. § 3507 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 507, Oct. 17, 1979, 93 Stat. 692.)
heading: Codification
text: “May 4, 1980” substituted in text for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.