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: Editorial Notes
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 Repealed.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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Statutory Notes and Related Subsidiaries
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) 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: Statutory Notes and Related Subsidiaries
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. § 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).
(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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–227 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
heading: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–382 inserted “and to accept donations of services,” after “personal,”.
20 U.S.C. § 3483a (EDUCATION)
§ 3483a. Department of Education Nonrecurring Expenses Fund
There is hereby established in the Treasury of the United States a fund to be known as the “Department of Education Nonrecurring Expenses Fund” (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Education by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget: Provided further, That amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the specific information and business technology system modernization project or facility infrastructure improvement obligations planned for such amounts.
(Pub. L. 116–260, div. H, title III, § 313, Dec. 27, 2020, 134 Stat. 1609.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is div. H of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 1547, known as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was enacted as part of the Department of Education Appropriations Act, 2021, and not as part of the Higher Education Act of 1965 which comprises this chapter.