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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) 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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 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: Editorial Notes
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.
20 U.S.C. § 3508 (EDUCATION)
§ 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.
(Pub. L. 96–88, title V, § 509, Oct. 17, 1979, 93 Stat. 695; Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, § 2(b)(2), Dec. 15, 2003, 117 Stat. 2640.)
heading: Editorial Notes
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: Amendments
text: 2003—Subsec. (b). Pub. L. 108–178 amended Pub. L. 107–217, § 6(b). See 2002 Amendment note below.
2002—Subsec. (b). Pub. L. 107–217, § 6(b), which had repealed subsec. (b) of this section, was itself repealed by Pub. L. 108–178 insofar as it related to subsec. (b) of this section, and Pub. L. 108–178 further provided that subsec. (b) of this section was revived to read as if Pub. L. 107–217, § 6(b), had not been enacted.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2003 Amendment
text: Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
20 U.S.C. § 3603 (EDUCATION)
§ 3603. State plan
(a) Submission by State educational agency receiving administrative funds for programs; contents
Not later than six months after June 14, 1980, the State educational agency of any State which receives administrative funds for any applicable program (as defined under section 1221(c)(1)(A) 1 of this title) shall submit to the Secretary a plan which—
(1) describes the manner in which the State, not later than nine months after June 14, 1980, shall distribute to local educational agencies within that State’s jurisdiction information describing—
(A) the programs established under this chapter;
(B) the health hazards associated with exposure to asbestos fibers; and
(C) the procedures established by the Secretary under section 3606 of this title for carrying out activities under programs under this chapter, and such other relevant information regarding such activities as the State considers desirable;
(2) contains a general description of the content of the information to be distributed in accordance with paragraph (1) and provides assurances that the State shall continually revise such information and distribute such revised material to local educational agencies to ensure that such agencies have available to them the most recent material available with regard to the matters referred to in paragraph (1);
(3) describes the procedures to be used by the State for maintaining records on—
(A) the presence of asbestos materials in school buildings of local educational agencies;
(B) the asbestos detection, containment, or removal activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); and
(C) repairs made to restore school buildings to conditions comparable to those existing before the containment or removal activities referred to in subparagraph (B) were undertaken; and
(4) designates a State agency or other administrative unit with the responsibility for submitting to the Secretary the reports described in subsection (b) of this section and provides assurances that such agency or unit shall carry out the duties specified under subsection (b).
(b) Reporting requirements respecting plan implementation
Not later than six months after the submission of the plan described in subsection (a), and each six months thereafter during the two-year period beginning on June 14, 1980, the State agency or unit designated under paragraph (4) of subsection (a) shall submit to the Secretary a report which describes the actions taken by the State in accordance with its plan under such subsection.
(Pub. L. 96–270, § 4, June 14, 1980, 94 Stat. 490.)
heading: Editorial Notes
heading: References in Text
text: Section 1221 of this title, referred to in subsec. (a), was amended generally by Pub. L. 103–382, title II, § 211, Oct. 20, 1994, 108 Stat. 3912, and, as so amended, no longer contains a subsec. (c)(1)(A). However, the term “applicable program” is defined in subsec. (c)(1) of that section.
20 U.S.C. § 3611 (EDUCATION)
§ 3611. Authorization of appropriations
(a) Sums available during obligation period for asbestos detection and asbestos hazards control loan programs
(1) There are authorized to be appropriated—
(A) for the asbestos detection program under section 3604 of this title, for the fiscal year ending September 30, 1981, and for the succeeding fiscal year, a total of not more than $22,500,000; and
(B) for the asbestos hazards control loan program under section 3605 of this title, not more than $75,000,000 for the fiscal year ending September 30, 1981, and $75,000,000 for the fiscal year ending September 30, 1982.
(2) Sums appropriated under paragraph (1) of this subsection shall remain available for obligation until September 30, 1983.
(b) Programs automatically eligible for contingent extension
Programs under this chapter shall be considered automatically eligible for the one-year contingent extension under section 1226a 1 of this title.
(c) Greatest financial need as basis for approval of applications in case of insufficient funds
If funds appropriated to carry out this chapter are insufficient to pay the total amount required to make all the grants and loans authorized under this chapter, the Secretary shall establish criteria to be used in determining which applicants for grants or loans under this chapter have the greatest financial need for receiving funds under this chapter and shall make determinations regarding the approval of applications for such grants or loans in accordance with such criteria.
(d) Authority of Secretary dependent on specific appropriations
Notwithstanding any other provision of this chapter, the authority of the Secretary to enter into agreements, or to make payments, under this chapter shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 96–270, § 12, June 14, 1980, 94 Stat. 497.)
heading: Editorial Notes
heading: References in Text
text: Section 1226a of this title, referred to in subsec. (b), was in the original a reference to section 414 of the General Education Provisions Act. Section 414 of that Act was renumbered as section 422 by Pub. L. 103–382, title II, § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913, and is classified to section 1226a of this title.
20 U.S.C. § 3703 (EDUCATION)
§ 3703. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 96–430, title II, § 204, Oct. 10, 1980, 94 Stat. 1848, which required the National Afro-American History and Culture Commission to submit to appropriate committees of Congress a report containing a detailed statement of the financial transactions of the Commission and the activities undertaken by the Commission during the previous year, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 179 of House Document No. 103–7.
20 U.S.C. § 3801...3808 (EDUCATION)
§§ 3801 to 3808. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3801, Pub. L. 97–35, title V, § 552, Aug. 13, 1981, 95 Stat. 464, set out declaration of policy for program of financial assistance to meet the special educational needs of disadvantaged children.
text: Section 3802, Pub. L. 97–35, title V, § 553, Aug. 13, 1981, 95 Stat. 464, related to duration of assistance.
text: Section 3803, Pub. L. 97–35, title V, § 554(a)–(c), Aug. 13, 1981, 95 Stat. 464, related to applicability of title I of the Elementary and Secondary Education Act of 1965.
text: Section 3804, Pub. L. 97–35, title V, § 555, Aug. 13, 1981, 95 Stat. 465; Pub. L. 98–211, § 1, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98–312, § 5, June 12, 1984, 98 Stat. 234, related to programs authorized for assistance.
text: Section 3805, Pub. L. 97–35, title V, § 556, Aug. 13, 1981, 95 Stat. 465; Pub. L. 98–211, §§ 2–4, Dec. 8, 1983, 97 Stat. 1412–1414, related to approval of applications.
text: Section 3806, Pub. L. 97–35, title V, § 557, Aug. 13, 1981, 95 Stat. 466; Pub. L. 98–211, § 5, Dec. 8, 1983, 97 Stat. 1415, related to participation of children in private schools.
text: Section 3807, Pub. L. 97–35, title V, § 558, Aug. 13, 1981, 95 Stat. 468; Pub. L. 98–211, §§ 6–8, Dec. 8, 1983, 97 Stat. 1415, related to general provisions for program of financial assistance to meet the special educational needs of disadvantaged children.
text: Section 3808, Pub. L. 97–35, title V, § 559, as added Pub. L. 98–211, § 22, Dec. 8, 1983, 97 Stat. 1418, related to national assessment of compensatory education assistance.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of this title.
heading: Short Title
text: Pub. L. 97–35, title V, § 551, Aug. 13, 1981, 95 Stat. 463, provided that subtitle D [§§ 551 to 596] of title V of Pub. L. 97–35 was to be cited as the “Education Consolidation and Improvement Act of 1981”, prior to repeal by Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293.
20 U.S.C. § 3811...3816 (EDUCATION)
§§ 3811 to 3816. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3811, Pub. L. 97–35, title V, § 561, Aug. 13, 1981, 95 Stat. 469; Pub. L. 98–211, § 9(a), Dec. 8, 1983, 97 Stat. 1415, related to statement of purpose of program of consolidating various Federal programs for elementary and secondary education.
text: Section 3812, Pub. L. 97–35, title V, § 562, Aug. 13, 1981, 95 Stat. 469; Pub. L. 98–211, § 10, Dec. 8, 1983, 97 Stat. 1416, related to authorization of appropriations.
text: Section 3813, Pub. L. 97–35, title V, § 563, Aug. 13, 1981, 95 Stat. 470; Pub. L. 98–211, § 11, Dec. 8, 1983, 97 Stat. 1416, related to allotment of funds to States.
text: Section 3814, Pub. L. 97–35, title V, § 564, Aug. 13, 1981, 95 Stat. 470; Pub. L. 98–211, §§ 9(b), 12, Dec. 8, 1983, 97 Stat. 1415, 1416, related to State applications.
text: Section 3815, Pub. L. 97–35, title V, § 565, Aug. 13, 1981, 95 Stat. 471; Pub. L. 98–211, § 21(a), Dec. 8, 1983, 97 Stat. 1418, related to allocation of funds to local educational agencies.
text: Section 3816, Pub. L. 97–35, title V, § 566, Aug. 13, 1981, 95 Stat. 471; Pub. L. 98–211, §§ 9(c), 13, Dec. 8, 1983, 97 Stat. 1416, related to local applications.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of this title.
20 U.S.C. § 3821...3823 (EDUCATION)
§§ 3821 to 3823. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3821, Pub. L. 97–35, title V, § 571, Aug. 13, 1981, 95 Stat. 472, related to use of funds for program of basic skills development.
text: Section 3822, Pub. L. 97–35, title V, § 572, Aug. 13, 1981, 95 Stat. 472, related to State leadership and support services.
text: Section 3823, Pub. L. 97–35, title V, § 573, Aug. 13, 1981, 95 Stat. 473; Pub. L. 98–211, § 14, Dec. 8, 1983, 97 Stat. 1416, related to school level programs.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amendment note under section 1071 of this title.