An act to establish a Department of Education, and for other purposes.
PL 96-88 (S.210), enacted 10/17/1979

93 STAT. 668 
PUBLIC LAW 96-88—OCT. 17, 1979 
Oct. 17, 1979 
[S. 210] 
Department of 
Education 
Organization 
Act. 
20 u s e 3401 
note. 
Public Law 96-88 
96th Congress 
An Act 
To establish a Department of Education, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE; TABLE OF CONTENTS 
SECTION 1. This Act may be cited as the "Department of Education 
Organization Act". 
TABLE OF CONTENTS 
Sec. 1. Short title; table of contents. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. Findings. 
Sec. 102. Purposes. 
Sec. 103. Federal-State Relationships. 
Sec. 104. Definitions. 
TITLE II—ESTABLISHMENT OF THE DEPARTMENT 
Sec. 201. Establishment. 
Sec. 202. Principal officers. 
Sec. 203. Office for Civil Rights. 
Sec. 204. Office of Elementary and Secondary Education. 
Sec. 205. Office of Postsecondary Education. 
Sec. 206. Office of Vocational and Adult Education. 
Sec. 207. Office of Special Education and Rehabilitative Services. 
Sec. 208. Office of Education for Overseas Dependents. 
Sec. 209. Office of Educational Research and Improvement. 
Sec. 210. Office of Bilingual Education and Minority Languages Affairs. 
Sec. 211. Office of General Counsel. 
Sec. 212. Office of Inspector General. 
Sec. 213. Intergovernmental Advisory Council on Education. 
Sec. 214. Federal Interagency Committee on Education. 
TITLE m—TRANSFERS OF AGENCTES AND FUNCTIONS 
Sec. 301. Transfers from the Department of Health, Education, and Welfare. 
Sec. 302. Transfers from the Department of Defense. 
Sec. 303. Transfers from the Department of Labor. 
Sec. 304. Transfers of programs from the National Science Foundation. 
Sec. 305. Transfersfrom the Department of Justice. 
Sec. 306. Transfers from the Department of Housing and Urban Development. 
Sec. 307. Effect of transfers. 
TITLE IV—ADMINISTRATIVE PROVISIONS 
PART A—PERSONNEL PROVISIONS 
Sec. 401. Officers and employees. 
Sec. 402. Experts and consultants. 
Sec. 403. Personnel reduction and annual limitations. 
PART B—GENERAL ADMINISTRATIVE PROVISIONS 
Sec. 411. General authority. 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 669 
Sec. 412. Delegation. 
Sec. 413. Reorganization. 
Sec. 414. Rules. 
Sec. 415. Contracts. 
Sec. 416. Regional and field offices. 
Sec. 417. Acquisition and maintenance of property. 
Sec. 418. Facilities at remote locations. 
Sec. 419. Use of facilities. 
Sec. 420. Copyrights and patents. 
Sec. 421. Gifts and bequests. 
Sec. 422. Technical advice. 
Sec. 423. Working capital fund. 
Sec. 424. Funds transfer. 
Sec. 425. Seal of department. 
Sec. 426. Annual report. 
Sec. 427. Relationship to General Education Provisions Act. 
Sec. 428. Authorization of appropriations. 
TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS 
Sec. 501. Transfer and allocation of appropriations and personnel. 
Sec. 502. Effect on personnel. 
Sec. 503. Agency terminations. 
Sec. 504. Incidental transfers. 
Sec. 505. Savings provisions. 
Sec. 506. Separability. 
Sec. 507. Reference. 
Sec. 508. Amendments. 
Sec. 509. Redesignation. 
Sec. 510. Coordination of programs affecting handicapped individuals. 
Sec. 511. Transition. 
TITLE VI-EFFECTIVE DATE AND INTERIM APPOINTMENTS 
Sec. 601. Effective date. 
Sec. 602. Interim appointments. 
TITLE I—GENERAL PROVISIONS 
FINDINGS 
SEC. 101. The Congress finds that— 
20 use 340i. 
(1) education is fundamental to the development of individual 
citizens and the progress of the Nation; 
(2) there is a continuing need to ensure equal access for all 
Americans to educational opportunities of a high quality, and 
such educational opportunities should not be denied because of 
race, creed, color, national origin, or sex; 
(3) parents have the primary responsibility for the education of 
their children, and States, localities, and private institutions 
have the primary responsibility for supporting that parental 
role; 
(4) in our Federal system, the primary public responsibility for 
education is reserved respectively to the States and the local 
school systems and other instrumentalities of 
the States; 
(5) the Americem people benefit from a diversity of educational 
settings, including public and private schools, libraries, museums 
and other institutions, the workplace, the community, and the 
home; 
(6) the importance of education is increasing as new technol-
ogies and alternative approaches to traditional education are 
considered, as society becomes more complex, and as equal 
opportunities in education and employment are promoted; 
(7) there is a need for improvement in the management and 
coordination of Federal education programs to support more 
93 STAT. 670 
PUBLIC LAW 96-88—OCT. 17, 1979 
effectively State, local, and private institutions, students, and 
parents in carrying out their educational responsibilities; 
(8) the dispersion of education programs across a large number 
of Federal agencies has led to fragmented, duplicative, and often 
inconsistent Federal policies relating to education; 
(9) Presidential and public consideration of issues relating to 
Federal education programs is hindered by the present organiza-
tional position of education programs in the executive branch of 
the Government; and 
(10) there is no single, full-time. Federal education official 
directly accountable to the President, the Congress, and the 
people. 
PURPOSES 
20 use 3402. 
SEC. 102. The Congress declares that the establishment of a 
Department of Education is in the public interest, will promote the 
general welfare of the United States, will help ensure that education 
issues receive proper treatment at the Federal level, and will enable 
the Federal Government to coordinate its education activities more 
effectively. Therefore, the purposes of this Act are— 
(1) to strengthen the Federal commitment to ensuring access to 
equal educational opportunity for every individual; 
(2) to supplement and complement the efforts of States, the 
local school systems and other instrumentalities of the States, 
the private sector, public and private educational institutions, 
public and private nonprofit educational research institutions, 
community-based organizations, parents, and students to im-
prove the quality of education; 
(3) to encourage the increased involvement of the public, 
parents, and students in Federal education programs; 
(4) to promote improvements in the quality and usefulness of 
education through federally supported research, evaluation, and 
sharing of information; 
(5) to improve the coordination of Federal education programs; 
(6) to improve the management and efficiency of Federal 
education activities, especially with respect to the process, proce-
dures, and administrative structures for the dispersal of Federal 
funds, as well as the reduction of unnecessary and duplicative 
burdens and constraints, including unnecessary paperwork, on 
the recipients of Federal funds; and 
(7) to increase the accountability of Federal education pro-
grams to the President, the Congress, and the public. 
FEDERAL-STATE RELATIONSHIPS 
20 use 3403. 
SEC. 103. (a) It is the intention of the Congress in the establishment 
of the Department to protect the rights of State and local govern-
ments and public and private educational institutions in the 
areas of educational policies and administration of programs and to 
strengthen and improve the control of such governments and institu-
tions over their own educational programs and policies. The estab-
lishment of the Department of Education shall not increase the 
authority of the Federal Government over education or diminish the 
responsibility for education which is reserved to the States and the 
local school systems and other instrumentalities of the States. 
O
b
) No provision of a program administered by the Secretary or by 
any other officer of the Department shall be construed to authorize 
the Secretary or any such officer to exercise any direction, supervi-
sion, or control over the curriculum, program of instruction, adminis-
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 671 
tration, or personnel of any educational institution, school, or school 
system, over any accrediting agency or association, or over the 
selection or content of library resources, textbooks, or other instruc-
tional materials by any educational institution or school system, 
except to the extent authorized by law. 
(c) The Secretary shall not, during the period within eight months 
after the effective date of this Act, take any action to withhold, 
suspend, or terminate funds under any program transferred by this 
Act by reason of the failure of any State to comply with any 
applicable law requiring the administration of such a program 
through a single organizational unit. 
DEFINITIONS 
SEC. 104. As used in this Act, unless otherwise provided or indicated 20 use 3404. 
by the context— 
(1) the term "Department" means the Department of Educa-
tion or any component thereof; 
(2) the term "Secretary" means the Secretary of Education; 
(3) the term "Under Secretary" means the Under Secretary of 
Education; 
(4) the term "function" includes any duty, obligation, power, 
authority, responsibility, right, privilege, activity, or program; 
(5) the term "State" includes the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, Ameri-
can Samoa, the Northern Mariana Islgmds, and the Trust Terri-
tory of the Pacific Islands; 
(6) the terms "private" and "private educational" refer to 
independent, nonpublic, and private institutions of elementary, 
secondary, and postsecondary education; and 
(7) the term "office" includes any office, institute, council, unit, 
organizational entity, or component thereof. 
TITLE II—ESTABLISHMENT OF THE DEPARTMENT 
ESTABUSHMENT 
SEC. 201. There is established an executive department to be known 20 use 3411. 
as the Department of Education. The Department shall be adminis-
tered, in accordance with the provisions of this Act, under the 
supervision and direction of a Secretary of Education. The Secretary Secretary of 
shall be appointed by the President, by and with the advice and fT"^-^*f°"' . 
, 
, rliT o 
i. 
appointment and 
consent of the Senate. 
confirmation. 
PRINCIPAL OFFICERS 
SEC. 202. (a)(1) There shall be in the Department an Under Under 
Secretary of Education who shall be appointed by the President, by a ointment and 
and with the advice and consent of the Senate. During the absence or confirmation.^" 
disability of the Secretary, or in the event of a vacancy in the office of 20 use 3412. 
the Secretary, the Under Secretary shall act as Secretary. The 
Secretary shall designate the order in which other officials of the 
Department shall act for and perform the functions of the Secretary 
during the absence or disability of both the Secretary and Under 
Secretary or in the event of vacancies in both of those offices. 
(2XA) The Under Secretary shall have responsibility for the con-
duct of intergovernmental relations of the Department, including 
assuring (i) that the Department carries out its functions in a manner 
which supplements and complements the education policies, pro-
93 STAT. 672 
PUBLIC LAW 96-88—OCT. 17, 1979 
Assistant 
Secretaries and 
General Counsel, 
appointment and 
confirmation. 
Inspector 
General, 
appointment. 
92 Stat. 1101. 
5 u s e app. 
Post, p. 692. 
Additional 
officers, 
appointment 
and 
confirmation. 
Functions. 
grams, and procedures of the States and the local school systems and 
other instrumentalities of the States, and (ii) that appropriate offi-
cials of the Department consult with individuals responsible for 
making policy relating to education in the States and the local school 
systems and other instrumentalities of the States concerning differ-
ences over education policies, programs, and procedures and concern-
ing the impact of the rules and regulations of the Department on the 
States and the local school systems and other instrumentalities of the 
States. 
(B) Local education authorities may inform the Under Secretary of 
any rules or regulations of the Department which are in conflict with 
another rule or regulation issued by any other Federal department or 
agency or with any other office of the Department. If the Under 
Secretary determines, after consultation with the appropriate Fed-
eral department or agency, that such a conflict does exist, the Under 
Secretary shall report such conflict or conflicts to the appropriate 
Federal department or agency together with recommendations for 
the correction of the conflict. 
(b)(1) There shall be in the Department— 
(A) an Assistant Secretary for Elementary and Secondary 
Education; 
(B) an Assistant Secretary for Postsecondary Education; 
(C) an Assistant Secretary for Vocational and Adult Education; 
(D) an Assistant Secretary for Special Education and Rehabili-
tative Services; 
(E) an Assistant Secretary for Educational Research and 
Improvement; 
(F) an Assistant Secretary for Civil Rights; and 
(G) a General Counsel. 
(2) Each of the Assistant Secretaries and the General Counsel shall 
be appointed by the President, by and with the advice and consent of 
the Senate. 
(c) There shall be in the Department an Inspector General 
appointed in accordance with the Inspector General Act of 1978 (as 
amended by section 508(n) of this Act). 
(d) There shall be in the Department four additional officers who 
shall be appointed by the President, by and with the advice and 
consent of the Senate. The officers appointed under this subsection 
shall perform such functions as the Secretary shall prescribe, 
including— 
(1) congressional relations functions; 
(2) public information functions, including the provision, 
through the use of the latest technologies, of useful information 
about education and related opportunities to students, parents, 
and communities; 
(3) functions related to monitoring parental and public partici-
pation in programs where such participation is required by law, 
and encouraging the involvement of parents, students, and the 
public in the development and implementation of departmental 
programs; 
(4) management and budget functions; 
(5) planning, evaluation, and policy development functions, 
including development of policies to promote the efficient and 
coordinated administration of the Department and its programs 
and to encourage improvements in education; and 
(6) functions related to encouraging and promoting the study of 
foreign languages and the study of cultures of other countries at 
the elementary, secondary, and postsecondary levels. 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 673 
(e) There shall be in the Department an Administrator of Educa-
tion for Overseas Dependents. 
(0 Whenever the President submits the name of an individual to 
the Senate for confirmation as an officer of the Department under 
this section, the President shall state the particular functions of the 
Department such individual will exercise upon taking office. 
(g) Each officer of the Department established under this section 
shall report directly to the Secretary and shall, in addition to any 
functions vested in or required to be delegated to such officer, 
perform such additional functions as the Secretary may prescribe. 
OFFICE FOR CIVIL RIGHTS 
SEC. 203. (a) There shall be in the Department an Office for Civil 20 USC 3413. 
Rights, to be administered by the Assistant Secretary for Civil Rights 
appointed under section 202(b). Notwithstanding the provisions of 
section 412 of this Act, the Secretary shall delegate to the Assistant 
Secretary for Civil Rights all functions, other than administrative 
and support functions, transferred to the Secretary under section 
301(a)(3). 
(b)(1) The Assistant Secretary for Civil Rights shall make an Report to 
annual report to the Secretary, the President, and the Congress Secretary, 
summarizing the compliance and enforcement activities of the Office congress. 
for Civil Rights and identifying significant civil rights or compliance 
problems as to which such Office has made a recommendation for 
corrective action and as to which, in the judgment of the Assistant 
Secretary, adequate progress is not being made. 
(2) Notwithstanding any other provision of law, the report required 
by paragraph (1) shall be transmitted to the Secretary, the President, 
and the Congress by the Assistant Secretary for Civil Rights without 
further clearance or approval. The Assistant Secretary shall provide 
copies of the report required by paragraph (1) to the Secretary 
sufficiently in advance of its submission to the President and the 
Congress to provide a reasonable opportunity for comments of the 
Secretary to be appended to the report. 
(c) In addition to the authority otherwise provided under this 
section, the Assistant Secretary for Civil Rights, in carrying out the 
provisions of this section, is authorized— 
(1) to collect or coordinate the collection of data necessary to 
ensure compliance with civil rights laws within the jurisdiction 
of the Office for Civil Rights; 
(2) to select, appoint, and employ such officers and employees, 
including staff attorneys, as may be necessary to carry out the 
functions of such Office, subject to the provisions of title 5, 
United States Code, governing appointments in the competitive 
service and the provisions of chapter 51 and subchapter III of 5 USC 5101 et 
chapter 53 of such title relating to classification and General ff.„^ ^„„ 
Schedule pay rates; 
^ "SC 5331. 
(3) to enter into contracts and other arrangements for audits, 
studies, analyses, and other services with public agencies and 
with private organizations and persons, and to make such pay-
ments as may be necessary to carry out the compliance and 
enforcement functions of such Office; and 
(4) notwithstanding any other provision of this Act, to obtain 
services as authorized by section 3109 of title 5, United States 
Code, at a rate not to exceed the equivalent daily rate payable for 
grade GS-18 of the General Schedule under section 5332 of such 
title. 
5 use 5332 note. 
59-194 O — 81 
45 : QL3 
93 STAT. 674 
PUBLIC LAW 96-88—OCT. 17, 1979 
OFFICE OF ELEMENTARY AND SECONDARY EDUCATION 
20 use 3414. 
SEC 204. There shall be in the Department an Office of Elementary 
and Secondary Education, to be administered by the Assistant 
Secretary for Elementary and Secondary Education appointed under 
section 202(b). The Assistant Secretary shall administer such func-
tions affecting elementary and secondary education, both public and 
private, as the Secretary shall delegate. 
OFFICE OF POSTSECONDARY EDUCATION 
20 use 3415. 
SEC. 205. There shall be in the Department an Office of 
Postsecondary Education, to be administered by the Assistant Secre-
tary for Postsecondary Education appointed under section 202(b). The 
Assistant Secretary shall administer such functions affecting postsec-
ondary education, both public and private, as the Secretary shall 
delegate, and shall serve as the principal adviser to the Secretary on 
matters affecting public and private postsecondary education. 
OFFICE OF VOCATIONAL AND ADULT EDUCATION 
20 use 3416. 
SEC. 206. There shall be in the Department an Office of Vocational 
and Adult Education, to be administered by the Assistant Secretary 
for Vocational and Adult Education appointed under section 202(b). 
The Assistant Secretary shall administer such functions affecting 
vocational and adult education as the Secretary shall delegate, and 
shall serve as principal adviser to the Secretary on matters affecting 
vocational and adult education. The Secretary, through the Assistant 
Secretary, shall also provide a unified approach to rural education 
and rural family education through the coordination of programs 
within the Department and shall work with the Federal Interagency 
Committee on Education to coordinate related activities and pro-
grams of other Federal departments and agencies, 
OFFICE OF SPECLAL EDUCATION A N D REHABILITATIVE SERVICES 
20 use 3417. 
SEC. 207. There shall be in the Department an Office of Special 
Education and Rehabilitative Services, to be administered by the 
Assistant Secretary for Special Education and Rehabilitative Serv-
ices appointed under section 202(b). Notwithstanding the provisions 
of section 412, the Secretary shall delegate to the Assistant Secretary 
all functions, other than administrative and support functions, trans-
ferred to the Secretary under sections 301(aXl) (with respect to the 
bureau for the education and training of the handicapped), 
301(a)(2XH),and301(aX4). 
OFFICE OF EDUCATION FOR OVERSEAS DEPENDENTS 
20 use 3418. 
SEC. 208. There shall be in the Department an Office of Education 
for Overseas Dependents, to be administered by the Administrator of 
Education for Overseas Dependents appointed under section 202(e). 
Notwithstanding the provisions of section 412, the Secretary shall 
delegate to the Administrator all functions, other than administra-
tive and support functions, transferred to the Secretary under section 
302. 
OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT 
20 use 3419. 
SEC. 209. There shall be in the Department an Office of Educational 
Research and Improvement, to be administered by the Assistant 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 675 
Secretary for Educational Research and Improvement appointed 
under section 202(b). The Assistant Secretary shall administer such 
functions concerning research, development, demonstration, dissemi-
nation, evaluation, and assessment activities as the Secretary shall 
delegate. 
OFFICE OF BIUNGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS 
SEC. 210. There shall be in the Department an Office of Bilingual 20 use 3420. 
Education and Minority Languages Affairs, to be administered by a 
Director of Bilingual Education and Minority Languages Affairs, who 
shall be appointed by the Secretary. The Director shall coordinate the 
administration of bilingual education programs by the Department 
and shall consult with the Secretary concerning policy decisions 
affecting bilingual education and minority languages affairs. The 
Director shall report directly to the Secretary, and shall perform such 
additional functions as the Secretary may prescribe. 
OFFICE OF GENERAL COUNSEL 
SEC. 211. There shall be in the Department an Office of General 20 use 3421. 
Counsel, to be administered by the General Counsel appointed under 
section 202(b). The General Counsel shall provide legal assistance to 
the Secretary concerning the programs and policies of the Depart-
ment. 
OFFICE OF INSPECTOR GENERAL 
SEC. 212. There shall be in the Department an Office of Inspector 20 use 3422. 
General, established in accordance with the Inspector General Act of 
1978 (as amended by section 508(n) of this Act). 
92 Stat. iioi. 
5 u s e app. 
INTERGOVERNMENTAL ADVISORY COUNCIL ON EDUCATION 
^°^*' P* ^^2. 
SEC. 213. (a) There shall be in the Department an advisory commit- 20 use 3423. 
tee to be known as the Intergovernmental Advisory Council on 
Education (hereafter referred in this section as the "Council"). The 
Council shall provide assistance and make recommendations to the 
Secretary and the President concerning intergovernmental policies 
and relations relating to education. 
(bXD In carrying out its functions under subsection (a), the Council Functions. 
shall— 
(A) provide a forum for representatives of Federal, State, and 
local governments and public and private educational entities to 
discuss educational issues; 
(B) m£ike recommendations for the improvement of the admin-
istration and operation of Federal education and education 
related programs; 
(C) promote better intergovernmental relations; 
(D) submit, biennially or more frequently (if determined neces-
sary by the Council), a report to the Secretary, the President, and 
the Congress (i) reviewing the impact of Federal education 
activities upon State and local governments and public and 
private educational institutions, including an assessment of 
compliance with section 103 of this Act and of any change in the 
Federal role in education, and (ii) £issessing both the extent to 
which Federal objectives are achieved and any adverse conse-
quences of Federal actions. 
(2) In carrying out its functions under subsection (a), the Council 
may review existing and proposed rules or regulations of the Depart-
ment concerning Federal education programs in order to determine 
Report to 
Secretary, 
President, and 
eongress. 
Regulations 
review. 
93 STAT. 676 
PUBLIC LAW 96-88—OCT. 17, 1979 
the impact or potential impact of such rules or regulations on State 
and local governments and public and private educational institu-
Report. 
tions. The Council may submit to the Secretary a report containing 
the results of its review of any existing or proposed rule or regulation. 
If a report by the Council concerns a proposed rule or regulation, it 
shall be submitted to the Secretary within the time established for 
public comment on the proposed rule or regulation, and shall be 
placed in the file of the proceeding concerning the proposed rule or 
regulation. 
Members. 
(cXl) The Council shall be composed of twenty members, appointed 
by the President as follows: 
(A) six elected State and local officials with general govern-
ment responsibilities; 
(B) five representatives of public and private elementary and 
secondary education, from among board members, chief educa-
tion officials, administrators, and teachers; 
(C) five representatives of public and private postsecondary 
education, from among board members, chief education officials, 
administrators, and professors; and 
(D) four members of the public, including parents of students 
and students. 
(2) In making appointments under this subsection, the President 
shall— 
(A) consult with representatives of the groups specified in 
subparagraphs (A) through (D) of paragraph (1); and 
(B) select individuals who represent a diversity of geographic 
areas and demographic characteristics. 
(3) The Under Secretary shall be an ex officio member of the 
Council. 
Terms of office. 
(4) The term of office of a member of the Council shall be four years, 
except that— 
(A) no member serving pursuant to paragraph (1)(A) of this 
subsection may serve on the Council beyond the period that such 
member holds an office qualifying such member for appointment 
under such paragraph; and 
(B) the President shall divide the initial appointments to the 
Council into four groups of five members each for initial terms of 
one, two, three, and four years. 
(5) The President shall designate one member to chair the Council. 
(6) Any vacancy in the Council shall not affect its authority, 
(d) The Council shall nominate and the Secretary shall appoint an 
executive director for the Council. The Secretary shall provide the 
Council with such other staff, facilities, services, and support as may 
be necessary to enable the Council to carry out its duties under this 
section. 
FEDERAL INTERAGENCY COMMITTEE ON EDUCATION 
20 use 3424. 
SEC. 214. (a) There is established a Federal Interagency Committee 
on Education (hereafter referred to in this section as the "Commit-
tee"). The Committee shall assist the Secretary in providing a 
mechanism to assure that the procedures and actions of the Depart-
ment and other Federal departments and agencies are fully 
coordinated. 
(b) The Committee shall study and make recommendations for 
assuring effective coordination of Federal programs, policies, and 
administrative practices affecting education, including— 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 677 
(1) consistent administration and development of policies and 
practices among Federal agencies in the conduct of related 
programs; 
(2) full and effective communication among Federal agencies to 
avoid unnecessary duplication of activities and repetitive collec-
tion of data; 
(3) full and effective cooperation with the Secretary on such 
studies and analyses as are necessary to carry out the purposes of 
this Act; 
(4) coordination of related programs to assure that recipients of 
Federal assistance are efficiently and responsively served; and 
(5) full and effective involvement and participation of students 
and parents in Federal education programs. 
(c) The Committee shall be composed of the Secretary, who shall Members, 
chair the Committee, and senior policy making officials from those 
Federal agencies, commissions, and boards that the President may 
find appropriate. 
(d) The Director of the Office of Management and Budget, the 
Chairman of the Council of Economic Advisers, the Director of the 
Office of Science and Technology Policy, and the Executive Director 
of the Domestic Policy Staff may each designate a staff member to 
attend meetings of the Committee. 
(e) The Committee shall conduct a study concerning the progress. Study. 
effectiveness, and accomplishments of Federal vocational education 
and training programs, and the need for improved coordination 
between all federally funded vocational education and training 
programs. The Committee shall report the findings of such study to Report to 
the Secretary and the Congress within two years of the date of Secretary and 
enactment of this Act. 
v^ngress. 
(f) The Committee shall meet at least twice each year. The Secre-
tary may establish subcommittees of the Committee to facilitate 
coordination in important areas of Federal activity. 
(g) The Secretary and the head of each agency represented on the 
Committee under subsection (c) shall furnish necessary assistance to 
the Committee. 
TITLE III—TRANSFERS OF AGENCIES AND FUNCTIONS 
TRANSFERS FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND 
WELFARE 
SEC. 301. (a) There are transferred to the Secretary— 
(1) all functions of the Assistant Secretary for Education and of 
the Commissioner of Education of the Department of Health, 
Education, and Welfare, and all functions of the Office of such 
Assistant Secretary and of the Education Division of the Depart-
ment of Health, Education, and Welfare and of any officer or 
component of such Office or Division; 
(2) all functions of the Secretary of Health, Education, and 
Welfare and of the Department of Health, Education, and Wel-
fare under— 
(A) the General Education Provisions Act; 
(B) the Elementary and Secondary Education Act of 1965; 
(C) the Higher Education Act of 1965; 
(D) the Education Amendments of 1978; 
(E) the Act of August 30,1890 (7 U.S.C. 321-328); 
(F) the National Defense Education Act of 1958; 
(G) the International Education Act of 1966; 
(H) the Education of the Handicapped Act; 
20 u s e 3441. 
20 u s e 1221. 
20 u s e 821 note. 
20 u s e 1001 
note. 
92 Stat. 2143. 
20 u s e 2701 
note. 
20 u s e 401 note. 
20 u s e 1171 
note. 
20 u s e 1401 
note. 
93 STAT. 678 
PUBLIC LAW 96-88—OCT. 17, 1979 
(I) part B of title V of the Economic Opportunity Act of 
42 use 2929. 
1964; 
(J) the National Commission on Libraries and Information 
20 use 1501 
Science Act; 
20 use 2301 
^^^ *^® Vocational Education Act of 1963; 
note. 
(L) the Career Education Incentive Act; 
20 use 2601 
(M) laws relating to the relationship between (i) Gallaudet 
note. 
College, Howard IJniversity, the American Printing House 
for the Blind, and the National Technical Institute for the 
Deaf, and (ii) the Department of Health, Education, and 
DC. eode 
(N) the Model Secondary School for the Deaf Act; 
31-1^1 note. 
(O) subpart A of part IV of title III of the Communications 
47 use 390. 
p^Q^ Qf 1934 ^j^j^ respect to the telecommunications demon-
stration program; 
(P) section 203(k) of the Federal Property and Administra-
40 use 484. 
tive Services Act of 1949 with respect to donations of surplus 
property for educational purposes; and 
21 use 1001 
(Q) the Alcohol and Drug Abuse Education Act; 
^°^- 
(3) all functions of the Secretary of Health, Education, and 
Welfare and of the Department of Health, Education, and Wel-
fare with respect to or being administered by the Office for Civil 
Rights which relate to functions transferred by this section; 
(4)(A) all functions of the Secretary of Health, Education, and 
Welfare and of the Department of Health, Education, and Wel-
29 use 701 note. 
fare under the Rehabilitation Act of 1973, except that the 
provisions of this subparagraph shall not be construed to transfer 
to the Secretary the functions of the Secretary of Health, 
42 use 422, 
Education, and Welfare under sections 222 and 1615 of the Social 
I382d. 
Security Act; 
(B) all functions with respect to or being administered by the 
Secretary of Health, Education, and Welfare through the Com-
missioner of Rehabilitation Services under the Act of June 20, 
1936, commonly referred to as the Randolph-Sheppard Act (20 
U.S.C.107etseq.); 
(C) all functions of the Commissioner of Rehabilitation and the 
Director of the National Institute of Handicapped Research of 
the Department of Health, Education, and Welfare under the 
Rehabilitation Act of 1973; 
(5) all functions of the Institute of Museum Services of the 
Department of Health, Education, and Welfare, and of the 
Director thereof; 
(6) all functions of the Advisory Council on Education Statis-
tics; and 
(7) all functions of the Federal Education Data Acquisition 
Council. 
(b) There are transferred to the Department— 
(1) all offices in the Office of the Assistant Secretary for 
Education or in the Education Division of the Department of 
Health, Education, and Welfare; 
(2) all offices in the Department of Health, Education, and 
Welfare established under the provisions of law listed in subpar-
agraphs (A) through (Q) of subsection (a)(2); 
(3) all offices in the Department of Health, Education, and 
Welfare established under the Rehabilitation Act of 1973; 
(4) the Institute of Museum Services of the Department of 
Health, Education, and Welfare; 
(5) the Advisory Council on Education Statistics; 
(6) the Federal Education Data Acquisition Council; and 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 679 
(7) any advisory committee of the Department of Health, 
Education, and Welfare giving advice or making recommenda-
tions that primarily concern education functions transferred by 
this section. 
(c) There are transferred to the Secretary all functions of the 
Secretary of Health, Education, and Welfare, the Assistant Secretary 
for Education, or the Commissioner of Education of the Department 
of Health, Education, and Welfare, as the case may be, with respect 
to— 
(1) the Education Division of the Department of Health, Educa-
tion, and Welfare; 
(2) the Office of the Assistant Secretary for Education, includ-
ing the National Center for Education Statistics; and 
(3) any advisory committee in the Department of Health, 
Education, and Welfare giving advice and making recommenda-
tions principally concerning education functions transferred by 
this section. 
(d) Nothing in the provisions of this section or in the provisions of 
this Act shall authorize the transfer of functions under part A of title 
V of the Economic Opportunity Act of 1964, relating to Project Head 
Start, from the Secretary of Health, Education, and Welfare to the 
Secretary. 
42 use 2928. 
TRANSFERS FROM THE DEPARTMENT OF DEFENSE 
SEC. 302. (a) Notwithstanding the provisions of section 601 of this 
Act, at such time not later than three years after the effective date of 
this Act, and in such manner, as the President may designate, there 
shall be transferred to the Secretary all functions of the Secretary of 
Defense and of the Department of Defense (or any officer or compo-
nent thereof) relating to the operation of overseas schools for depend-
ents of the Department of Defense and all functions of the Secretary 
of Defense and of the Department of Defense (or any officer or 
component thereof) under the Defense Dependents' Education Act of 
1978. There shall be transferred to the Department the offices 
established by such Act. 
(b) In addition to any other authority available to the Secretary 
under this or any other Act, the authority of the Secretary of Defense 
and the Secretaries of the military departments under the Defense 
Department Overseas Teachers Pay and Personnel Practices Act 
shall be available to the Secretary with respect to the functions 
transferred under subsection (a). 
(c) Not later than one year after the effective date of this Act, the 
Secretary, after consultation with the Secretary of Defense, shall 
transmit to the Congress a plan for effecting the transfer of functions 
under this section and administering those functions. In designing 
the plan, the Secretary shall also consult with representatives of 
organizations of parents of students enrolled in overseas dependents' 
schools and representatives of professional employee organizations 
and administrators of such schools. The plan shall contain recom-
mendations for increasing the participation of parents, teachers, 
students, school administrators, and members of the Armed Forces in 
the administration and operation of the schools transferred under 
this section. 
(d) Nothing in this Act shall be construed to give the Secretary 
authority to operate overseas institutions of higher education. 
20 use 3442. 
92 Stat. 2365. 
20 use 921. 
20 use 901 notes. 
Transfer of 
functions plan, 
transmittal to 
eongress. 
93 STAT. 680 
PUBLIC LAW 96-88—OCT. 17, 1979 
Migrant 
education. 
20 u s e 3443. 
29 u s e 873. 
TRANSFERS FROM THE DEPARTMENT OF LABOR 
SEC. 303. (a) Notwithstanding the provisions of section 601 of this 
Act, there shall be transferred to the Secretary, at such time on or 
after the effective date of this Act as the Secretary certifies that there 
has been established in the Department a single component responsi-
ble 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 under section 303(c)(2) of the Comprehen-
sive Employment and Training Act. 
(b) The Secretary is authorized to conduct the functions transferred 
by subsection (a). 
Science 
education. 
20 u s e 3444. 
42 u s e 1861 
note. 
Report. 
TRANSFERS OF PROGRAMS FROM THE NATIONAL SCIENCE FOUNDATION 
SEC. 304. (a)(1) There are transferred to the Secretary all programs 
relating to science education of the National Science Foundation or 
the Director of the National Science Foundation established prior to 
the effective date of this Act pursuant to the National Science 
Foundation Act of 1950, except the programs or parts of programs, as 
determined after review by the Director of the Office of Science and 
Technology Policy and the Director of the National Science Founda-
tion, which relate to— 
(A) scientific career development; 
(B) the continuing education of scientific personnel; 
(C) increasing the participation of women, minorities, and the 
handicapped in careers in science; 
(D) the conduct of basic and applied research and development 
applied to science learning at all educational levels and the 
dissemination of results concerning such research and develop-
ment; and 
(E) informing the general public of the nature of science and 
technology and of attendant values and public policy issues. 
(2) Except as provided in paragraph (1), no mission oriented 
research functions or programs of the National Science Foundation 
or any other Federal agency shall be transferred by this Act. 
(b) The Secretary is authorized to conduct the programs transferred 
by subsection (a). In conducting such programs the Secretary shall 
consult, as appropriate, with the Director of the National Science 
Foundation, and shall establish advisory mechanisms designed to 
assure that scientists and engineers are fully involved in the develop-
ment, implementation, and review of science education programs. 
(c) The annual report to be transmitted by the Secretary pursuant 
to section 426 shall include a description of arrangements, developed 
by the Secretary in consultation with the Director of the National 
Science Foundation, for coordinated planning and operation of sci-
ence education programs, including measures to facilitate the imple-
mentations of successful innovations. 
(d) Nothing in this section is intended to repeal or limit the 
authority of the National Science Foundation or the Director of the 
National Science Foundation to initiate and conduct programs under 
the National Science Foundation Act of 1950. 
Law 
enforcement 
education. 
20 u s e 3445. 
TRANSFERS FROM THE DEPARTMENT OF JUSTICE 
SEC. 305. There are transferred to the Secretary all functions of the 
Attorney General and of the Law Enforcement Assistance Adminis-
tration with regard to the student loan and grant programs known as 
the law enforcement education program and the law enforcement 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 681 
intern program authorized by subsections (b), (c), and (f) of section 406 
of the Omnibus Crime Control and Safe Streets Act of 1968. 
42 use 3746. 
TRANSFERS FROM THE DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
SEC. 306. 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. 
EFFECT OF TRANSFERS 
College housing 
loans. 
20 u s e 3446. 
12 u s e 1749. 
SEC. 307. The transfer of a function or office from an officer or 20 use 3447. 
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. 
TITLE IV—ADMINISTRATIVE PROVISIONS 
PART A—PERSONNEL PROVISIONS 
OFFICERS A N D EMPLOYEES 
SEC. 401. (a) The Secretary is authorized to appoint and fix the 20 use 3461. 
compensation of such officers and employees, including attorneys, as 
may be necessary to carry out the functions of the Secretary and the 
Department. Except as otherwise provided by law, such officers and 
employees shall be appointed in accordance with the civil service 
laws and their compensation fixed in accordance with title 5 of the 
United States Code. 
(b)(1) At the request of the Secretary, the Director of the Office of 
Personnel Management shall, under section 5108 of title 5, United 
States Code, provide for the establishment in each of the grade levels 
GS-16, GS-17, and GS-18 of a number of positions in the Department 5 use 5332 note. 
equal to the number of positions in that grade level which were used 
primarily for the performance of functions and offices transferred 
under this Act and which were assigned and filled on the day before 
the effective date of this Act. 
(2) At the request of the Secretary, the Director of the Office of 
Personnel Management shall, under section 3104 of title 5, United 
States Code, provide for the establishment in the Office created by 
section 209 of this Act of a number of scientific, professional, and 
technical positions outside of the General Schedule equal to the 
number of such positions which were used primarily for the perform-
ance of functions and offices transferred under this Act and which 
were assigned and filled on the day before the effective date of this 
Act. 
* # 
(3) Appointments to positions provided for under this subsection 
may be made without regard to the provisions of section 3324 of title 5 
of the United States Code, if the individual appointed in such position 
is an individual who is transferred in connection with the transfer of 
functions and offices under this Act and, on the day preceding the 
effective date of this Act, holds a position and has duties comparable 
to those of the position to which appointed hereunder. 
(4) The authority under this subsection with respect to any position Termination, 
shall terminate when the person first appointed to fill such position 
ceases to hold such position. 
93 STAT. 682 
PUBLIC LAW 96-88—OCT. 17, 1979 
92 Stat. 1177. 
5 u s e 5101 et 
seq., 5331. 
5 u s e 5332 note. 
Limited-term 
appointees. 
Indian 
preference law 
application. 
"eivilian 
component." 
20 u s e 3462. 
5 u s e 5332 note. 
(5) For purposes of section 414(aX3XA) of the Civil Service Reform 
Act of 1978, an individual appointed under this subsection shall be 
deemed to occupy the same position as the individual occupied on the 
day preceding the effective date of this Act. 
(c) The Secretary may appoint, without regard to the provisions of 
title 5, United States Code, governing appointment in the competitive 
service, up to 175 scientific, technical, or professional employees of 
the Office created by section 209 of this Act and may compensate 
employees so appointed without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates. The rate of basic compensation for 
such employees shall not be equal to or in excess of the minimum rate 
of pay currently paid for GS-16 of the General Schedule under 
section 5332 of such title. 
(d) Notwithstanding any other provision of law, the Director of the 
Office of Personnel Management shall establish positions within the 
Senior Executive Service for 15 limited-term appointees. The Secre-
tary shall appoint individuals to such positions as provided by section 
3394 of title 5, United States Code. Such positions shall expire on the 
later of three years after the effective date of this Act or three years 
after the initial appointment to each position. Positions in effect 
under this subsection shall be taken into account in applying the 
limitations on positions prescribed under section 3134(e) and section 
5108 of such title. 
(e) Nothing in this Act shall be construed to prevent the application 
of any Indian preference law in effect on the day before the date of 
enactment of this Act to any function or office transferred by this Act 
and subject to any such law on the day before the date of enactment of 
this Act. Any function or office transferred by this Act and subject to 
any such law shall continue to be subject to any such law. 
(f) For purposes of any status of forces agreement between the 
United States and any other country or any international organiza-
tion, any reference to "civilian component" shall be deemed to 
include a reference to overseas personnel of the overseas dependents' 
education system. 
EXPERTS AND CONSULTANTS 
SEC. 402. 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, United States Code, 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. 
PERSONNEL REDUCTION AND ANNUAL UMITATIONS 
20 use 3463. 
SEC. 403. (a)(1) Notwithstanding any other provision of this Act, 
there shall be included in each appropriation Act containing appro-
" 
' 
priations for the administration of the Department for any fiscal year 
beginning after September 30,1981 (other than an appropriation Act 
containing only supplemental appropriations for the Department), 
an annual limitation on the total number of work-years for the 
personnel of the Department. 
Reports to 
(2) The Secretary shall prescribe the allocation of the work-years 
eongress. 
available under paragraph (1) among the organizational units and 
components of the Department and shall, within 120 days after the 
enactment of an appropriation Act containing a work-year limita-
tion, prepare and transmit to the Congress a report on such alloca-
tion. Such report shall include explanations and justifications for the 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 683 
allocations made by the Secretary and shall indicate the necessary 
personnel actions which will be required as a consequence of such 
allocation. Not later than 120 days after the conclusion of any fiscal 
year to which a work-year limitation established under paragraph (1) 
applies, the Secretary shall prepare and transmit to the Congress a 
report on compliance with such limitation indicating the total work-
years actually expended by the Department and by the organiza-
tional units and components to which such work-years were allocated. 
(3) If the President transmits any reorganization plan under 
chapter 9 of title 5, United States Code, which would result in the 5 use 90i et seq. 
transfer of functions or offices to the Secretary or the Department, 
the message transmitting the plan shall include any adjustments 
which may be necessary in a work-year limitation established under 
paragraph (1) to reflect changes in the work-years required as a result 
of such plan. 
(b) Not later than the end of the first fiscal year beginning after the 
effective date of this Act, the number of full-time equivalent person-
nel positions available for performing functions transferred to the 
Secretary or the Department by this Act shall be reduced by 500. 
(cXD Computations required to be made for purposes of this section 
shall be made on the basis of all personnel employed by the Depart-
ment, including experts and consultants employed under section 3109 
of title 5, United States Code, and all other part-time £ind full-time 
personnel employed to perform functions of the Secretary or the 
Department, except personnel employed under special programs for 
students and disadvsmtaged youth (including temporary summer 
employment). 
(2) The Director of the Office of Personnel Management shall, by 
rule, establish a method for computing work-years for personnel of 
the Department as described in paragraph (1). 
(d) The Director of the Office of Personnel Management shall, as Report to 
soon as practicable, but not later than one year after the effective Congress. 
date of this Act, prepare and transmit to the Congress a report on the 
effects on employees of the reorganization under this Act, which shall 
include— 
(1) an identification of any position within the Department or 
elsewhere in the executive branch, which it considers unneces-
sary due to consolidation of functions under this Act; 
(2) a statement of the number of employees entitled to pay 
savings by reason of the organization under this Act; 
(3) a statement of the number of employees who are voluntarily 
or involuntarily separated by reason of such reorganization; 
(4) an estimate of the personnel costs associated with such 
reorganization; 
(5) the effects of such reorganization on labor management 
relations; and 
(6) such legislative and administrative recommendations for 
improvements in personnel management within the Department 
as the Director considers necessary. 
PART B—GENERAL ADMINISTRATIVE PROVISIONS 
GENERAL AUTHORITY 
SEC. 411. (a) In carrying out any function transferred by this Act, 20 use 3471. 
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 
93 STAT. 684 
PUBLIC LAW 96-88—OCT. 17, 1979 
exercising such authority shall have the same force and effect as 
when exercised by such official or agency. 
(b)(1) The director of any office continued in the Department the 
director of which was required, prior to the effective date of this Act, 
to report to the Commissioner of Education or the Assistant Secre-
tary 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. 
DELEGATION 
20 use 3472. 
SEC. 412. Except as otherwise provided in this Act, 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 Act 
shall relieve the Secretary of responsibility for the administration of 
such functions. 
REORGANIZATION 
20 use 3473. 
SEC. 413. (a) The Secretary is authorized, subject to the require-
ments of section 202(f), to allocate or reallocate functions among the 
officers of the Department, and to establish, consolidate, alter, or 
discontinue such organizational entities within the Department as 
may be necessary or appropriate, but the authority of the Secretary 
under this subsection does not extend to— 
(1) any office, bureau, unit, or other entity transferred to the 
Department and established by statute or any function vested by 
statute in such an entity or officer of such an entity, except as 
provided in subsection (b); 
(2) the abolition of organizational entities established by this 
Act; or 
(3) the alteration of the delegation of functions to any specific 
organizational entity required by this Act. 
(b)(1) The Secretary may, in accordance with paragraph (2) of this 
sulDsection, consolidate, alter, or discontinue any of the following 
statutory entities, or reallocate any functions vested by statute in the 
following statutory entities: 
(A) the Office of Bilingual Education; 
(B) the Teacher Corps; 
(C) the Community College Unit; 
(D) the National Center for Education Statistics; 
(E) the National Institute of Education; 
(F) the Office of Environmental Education; 
(G) the Office of Consumers' Education; 
(H) the Office of Libraries and Learning Resources; 
(I) the Office of Indian Education; 
(J) the Office of Career Education; 
(K) the Office of Non-Public Education; 
(L) the bureau for the education and training for the handi-
capped; 
(M) the Institute of Museum Services; and 
(N) the administrative units for guidance and counseling 
programs, the veterans' cost of instruction program, and the 
program for the gifted and talented children. 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 685 
(2) The Secretary may alter, consolidate, or discontinue any organi- Congressional 
zational entity continued within the Department and described in 
^Q^^^"^^^' 
paragraph (1) of this subsection or reallocate any function vested by 
statute in such an entity, upon the expiration of a period of ninety 
days after the receipt by the Committee on Labor and Human 
Resources of the Senate and the Committee on Education and Labor 
of the House of Representatives of notice given by the Secretary 
containing a full and complete statement of the action proposed to be 
taken pursuant to this subsection and the facts and circumstances 
relied upon in support of such proposed action. 
RULES 
SEC. 414. (a) The Secretary is authorized to prescribe such rules and 20 use 3474. 
regulations as the Secretary determines necessary or appropriate to 
administer and manage the functions of the Secretary or the Depart-
ment. 
(b) The Secretary, in promulgating rules and regulations as author-
ized by statute, shall prescribe such rules and regulations in accord-
ance with chapter 5 of title 5, United States Code. Section 431 of the 5 USC 500 et seq. 
General Education Provisions Act also shall apply to such rules and 20 USC 1232. 
regulations to the extent applicable immediately prior to the effective 
date of this Act, and to rules and regulations promulgated with 
respect to programs transferred under sections 301(a) (1), (2), and (4), 
302,303,304,305, and 306. 
CONTRACTS 
SEC. 415. (a) Subject to the provisions of the Federal Property and 20 USC 3475. 
Administrative Services Act of 1949, the Secretary is authorized to 40 USC 471 note, 
make, enter into, and perform such contracts, grants, leases, coopera-
tive 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 neces-
sary or appropriate to carry out functions of the Secretary or the 
Department. 
(b) Notwithstanding any other provision of this Act, no authority to 
enter into contracts or to make payments under this title 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 421. 
REGIONAL AND FIELD OFFICES 
SEC. 416. The Secretary is authorized to establish, alter, discon- 20 use 3476. 
tinue, 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. 
ACQUISITION AND MAINTENANCE OF PROPERTY 
SEC. 417. (a) The Secretary is authorized— 
20 use 3477. 
(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 Depart-
ment is authorized by this Act); 
(B) laboratories; 
(C) research and testing sites and facilities; 
93 STAT. 686 
PUBLIC LAW 96-88—OCT. 17, 1979 
(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) The authority available to the Secretary of Health, Education, 
20 use 2564. 
and Welfare under section 524 of the Education Amendments of 1976 
shall also be available to the Secretary. 
(c) 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. 
FACILITIES AT REMOTE LOCATIONS 
20 use 3478. 
SEC. 418. (a) 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 recrea-
tion 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 Depart-
ment to the nearest appropriate educational facilities. 
(b) The furnishing of medical treatment under paragraph (1) of 
subsection (a) and the furnishing of services and supplies under 
paragraphs (2), (3), and (4) of subsection (a) shall be at prices reflecting 
reasonable value as determined by the Secretary. 
(c) 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. 
USE OF FACILITIES 
20 use 3479. 
SEC. 419. (a)(1) 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 gov-
ernment, in carrying out any function of the Secretary or the 
Department. 
(2) Notwithstanding the transfer of functions from the Secretary of 
Defense to the Secretary under section 302 (and the consequent 
transfer of personnel), all personnel performing such functions shall 
be treated, for the purpose of access to services and facilities provided 
by the Department of Defense, as employees of the Department of 
Defense. 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 687 
(b) 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 improve-
ments 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 main-
tain, 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 3(e) of the Federal Property and Administrative 
Services Act of 1949. 
40 USC 472. 
(c) 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) Any interest in real property acquired pursuant to this Act shall 
be acquired in the name of the United States Government. 
COPYRIGHTS AND PATENTS 
SEC. 420. The Secretary is authorized to acquire any of the follow- 20 USC 3480. 
ing 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. 
GIFTS AND BEQUESTS 
SEC. 421. The Secretary is authorized to accept, hold, administer, 20 USC 3481. 
and utilize gifts, bequests and devises of property, both real and 
personal, 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. 
TECHNICAL ADVICE 
SEC. 422. (a) The Secretary is authorized, upon request, to provide 20 USC 3482. 
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) 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. 
WORKING CAPITAL FUND 
SEC. 423. (a) The Secretary, with the approval of the Director of the Establishment. 
Office of Management and Budget, is authorized to establish for the 20 use 3483. 
Department a working capital fund, to be available without fiscal 
93 STAT. 688 
PUBLIC LAW 96-88—OCT. 17, 1979 
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— 
(Da 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 communica-
tions services; 
(3) office space, central services for document reproduction, 
and for graphics and visual aids; and 
(4) a central library service. 
(b) 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 equip-
ment. 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, liabil-
ities, 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. 
FUNDS TRANSFER 
20 use 3484. 
SEC. 424. 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. 
SEAL OF DEPARTMENT 
2
0 use 3485. 
SEC. 425. The Secretary shall cause a seal of office to be made for 
the Department of such design as the Secretary shall approve. 
Judicial notice shall be taken of such seal. 
ANNUAL REPORT 
Report to 
SEC. 426. (a) The Secretary shall, as soon as practicable after the 
President and 
close of each fiscal year, make a single, comprehensive report to the 
2o'usc^3486 
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; 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 689 
(2) the more effective and efficient management of the Depart-
ment and the coordination of its functions; and 
(3) the reduction of excessive or burdensome regulation and of 
unnecessary dupUcation and fragmentation in Federal education 
programs, 
accompanied where necessary by recommendations for proposed 
legislation for the achievement of such objectives. 
(b) The report required by subsection (a) shall also include an 
estimate of the extent of the non-Federal personnel employed pursu-
ant to contracts entered into by the Department under section 415 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. 
Non-Federal 
personnel. 
RELATIONSHIP TO GENERAL EDUCATION PROVISIONS ACT 
SEC. 427. Except where inconsistent with the provisions of this Act, 20 USC 3487. 
the General Education Provisions Act shall apply to functions trans- 20 USC 1221. 
ferred by this Act to the extent applicable on the day preceding the 
effective date of this Act. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 428. Subject to any limitation on appropriations applicable 20 USC 3488. 
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 Act and to enable the 
Secretary to administer and manage the Department. Funds appro-
priated in accordance with this section shall remain available until 
expended. 
TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING 
PROVISIONS 
TRANSFER AND ALLOCATION OF APPROPRIATIONS AND PERSONNEL 
SEC. 501. (a) Except as otherwise provided in this Act, 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 Act, 
subject to section 202 of the Budget and Accounting Procedures Act of 
1950, 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 expressly specified by statute or reorganization plan to 
carry out functions or offices transferred by this Act, personnel 
occupying those positions on the effective date of this Act, 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 the effective date of this 
Act, shall be subject to the provisions of section 503. 
20 USC 3501. 
31 USC 581c. 
Unexpended 
funds. 
59-194 0 — 81 
46 : QL3 
93 STAT. 690 
PUBLIC LAW 96-88—OCT. 17, 1979 
EFFECT ON PERSONNEL 
20 use 3502. 
SEC. 502. (a) Except as otherwise provided in this Act, the transfer 
pursuant to this title of full-time personnel (except special Govern-
ment employees) and part-time personnel holding permanent posi-
tions 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) Any person who, on the day preceding the effective date of this 
Act, held a position compensated in accordance with the Executive 
Schedule prescribed in chapter 53 of title 5, United States Code, and 
who, without a break in service, is appointed in the Department to a 
position having duties comparable to the duties performed immedi-
ately 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. 
AGENCY TERMINATIONS 
20 use 3503. 
SEC. 503. (a)(1) On the effective date of this Act, 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. 
(2) Whenever the President exercises the authority under section 
302(a), the Office of Dependents' Education of the Department of 
Defense shall terminate. 
(b) 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 Act shall also 
terminate. 
INCIDENTAL TRANSFERS 
20 use 3504. 
SEC. 504. (a) 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 
Act, and to make such additional incidental dispositions of personnel, 
assets, liabilities, grants, contracts, property, records, and unex-
pended 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 Act. 
The Director shall provide for the termination of the affairs of all 
entities terminated by this Act and for such further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act. 
(b) 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 Manage-
ment and Budget provides, to make such determinations as may be 
necessary with regard to the transfer of positions within the Senior 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 691 
Executive Service in connection with functions and offices trans-
ferred by this Act. 
SAVINGS PROVISIONS 
SEC. 505. (a) All orders, determinations, rules, regulations, permits, 20 use 3505. 
grants, contracts, certificates, licenses, and privileges— 
(1) which have been issued, made, granted, or allowed to 
become effective by the President, any Federal department or 
agency or official thereof, or by a court of competent jurisdiction, 
in the performance of functions which are transferred under this 
Act to the Secretary or the Department, and 
(2) which are in effect at the time this Act takes effect, 
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with the 
law by the President, the Secretary, or other authorized official, a 
court of competent jurisdiction, or by operation of law. 
(b)(1) The provisions of this Act shall not affect any proceedings, 
including notices of proposed rulemaking, or any application for any 
license, permit, certificate, or financial assistance pending on the 
effective date of this Act before any department, agency, commission, 
or component thereof, functions of which are transferred by this Act; 
but such proceedings and applications, to the extent that they relate 
to functions so transferred, shall be continued. Orders shall be issued 
in such proceedings, appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if this Act had not been 
enacted; and orders issued in any such proceedings shall continue in 
effect until modified, terminated, superseded, or revoked by the 
Secretary, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be deemed to prohibit the discontinu-
ance or modification of any such proceeding under the same terms 
and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted. 
(2) The Secretary is authorized to promulgate regulations providing Regulations, 
for the orderly transfer of proceedings continued under paragraph (1) 
to the Department. 
(c) Except as provided in subsection (e)— 
(1) the provisions of this Act shall not affect suits commenced 
prior to the effective date of this Act, and 
(2) in all such suits, proceedings shall be had, appeals taken, 
and judgments rendered in the same manner and effect as if this 
Act had not been enacted. 
(d) No suit, action, or other proceeding commenced by or against 
any officer in the official capacity of such individual as an officer of 
any department or agency, functions of which are transferred by this 
Act, shall abate by reason of the enactment of this Act. No cause of 
action by or against any department or agency, functions of which are 
transferred by this Act, or by or against any officer thereof in the 
official capacity of such officer shall abate by reason of the enactment 
of this Act. 
(e) If, before the date on which this Act takes effect, any depart-
ment or agency, or officer thereof in the official capacity of such 
officer, is a party to a suit, and under this Act any function of such 
department, agency, or officer is transferred to the Secretary or any 
other official of the Department, then such suit shall be continued 
with the Secretary or other appropriate official of the Department 
substituted or added as a party. 
(f) Orders and actions of the Secretary in the exercise of functions Judicial review, 
transferred under this Act shall be subject to judicial review to the 
same extent and in the same manner as if such orders and actions 
93 STAT. 692 
PUBLIC LAW 96-88—OCT. 17, 1979 
had been by the agency or office, or part thereof, exercising such 
functions immediately preceding their transfer. Any statutory re-
quirements relating to notice, hearings, action upon the record, or 
administrative review that apply to any function transferred by this 
Act shall apply to the exercise of such function by the Secretary. 
SEPARABILITY 
20 use 3506. 
SEC. 506. If any provision of this Act or the application thereof to 
any person or circumstance is held invalid, neither the remainder of 
this Act nor the application of such provision to other persons or 
circumstances shall be affected thereby. 
REFERENCE 
20 use 3507. 
SEC. 507. With respect to any function transferred by this Act and 
exercised on or after the effective date of this Act, 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 Act transfers such functions. 
AMENDMENTS 
SEC. 508. (a) Section 19(d)(1) of title 3, United States Code, is 
amended— 
(1) by striking out "Secretary of Health, Education, and Wel-
fare" and inserting in lieu thereof "Secretary of Health and 
Human Services"; and 
(2) by inserting immediately before the period at the end 
thereof a comma and the following: "Secretary of Education". 
(b) Section 101 of title 5, United States Code, is amended— 
(1) by striking out "Health, Education, and Welfare" and 
inserting in lieu thereof "Health and Human Services"; and 
(2) by adding at the end thereof the following: 
"The Department of Education.". 
(c) Section 5312 of title 5, United States Code, is amended by adding 
at the end thereof the following: 
"(15) Secretary of Education.". 
(d) Section 5314 of title 5, United States Code, is amended by 
inserting immediately after paragraph (4) the following: 
"(5) Under Secretary of Education.". 
(e) Section 5315 of title 5 of the United States Code is amended— 
(1) by striking out paragraph (17) and inserting in lieu thereof 
the following: 
"(17) Assistant Secretaries of Health and Human Services (4)."; 
and 
(2) by inserting immediately after paragraph (24) the following: 
"(25) Assistant Secretaries of Education (6). 
"(26) General Counsel, Department of Education. 
"(27) Inspector General, Department of Education.". 
(f) Section 5316 of title 5 of the United States Code is amended— 
(1) by striking out paragraph (41); and 
(2) by inserting after paragraph (36) the following new para-
graphs: 
"(37) Additional officers, Department of Education, (4). 
"(38) Administrator of Education for Overseas Dependents, 
Department of Education.". 
5 use 5311. 
(g) Subchapter II of chapter 53 of title 5 of the United States Code is 
further amended by striking out "Health, Education, and Welfare" 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 693 
each place it appears and inserting in lieu thereof "Health and 
Human Services". 
(h) The Comprehensive Employment and Training Act is 29 USC 801 note. 
amended— 
(1) in section 111, by striking out subsection (a) and inserting in 29 USC 821. 
lieu thereof the following: 
"(a) The Secretary of Labor shall consult with the Secretary of 
Health and Human Services with respect to arrangements for serv-
ices of a health or welfare character under this Act. The Secretary of 
Labor shall consult with the Secretary of Education with respect to 
arrangements for services of an educational nature under this Act, 
and the Secretary of Education and the Secretary of Health and 
Human Services shall solicit the advice and comments of appropriate 
State agencies with regard to, respectively, education and health and 
welfare services. Such services shall include basic or general educa-
tion, educational programs conducted for offenders, institutional 
training, health care, child care, and other supportive services, and 
new careers and job restructuring in the health, education, and 
welfare professions."; 
(2) in section 127(b), by striking out "and the Secretary of 92 Stat. 1945. 
Health, Education, and Welfare" and inserting in lieu thereof a ^^ USC 829. 
comma and the following: "the Secretary of Education, and the 
Secretary of Health and Human Services '; 
(3) in section 302(c), by striking out paragraph (3) and inserting 29 USC 873. 
in lieu thereof the following: 
"(d) For the purposes of carrying out subsections (b) and (c) of this 
section, the Secretary shall reserve from funds available for this title 
an amount equal to not less than 4.625 percent of the amount 
allocated pursuant to section 202(a)."; 
(4) in section 311(g), by striking out "Health, Education, and 92 Stat. 1968. 
Welfare," and inserting in lieu thereof "Health and Human 29 USC 879. 
Services, Department of Education,"; 
(5) in section 314, by striking out "Health, Education, and 92 Stat. 1972. 
Welfare" and inserting in lieu thereof "Education"; 
^9 USC 882. 
(6) in section 438(a)(2), by striking out "Health, Education, and 92 Stat. 1987. 
Welfare," and inserting in lieu thereof "Education, Secretary of ^9 USC 914. 
Health and Human Services,"; and 
(7) in section 502(a)— 
29 USC 952. 
(A) by striking out "15" and inserting in lieu thereof "16"; 
and 
(B) by striking out "Health, Education, and Welfare," in 
paragraph (1) and inserting in lieu thereof "Education, 
Secretary of Health and Human Services,". 
(i) Section 5 of the Alcohol and Drug Abuse Education Act is 21 use 1004. 
amended— 
(1) by inserting after "Secretary" in the first sentence "of 
Health and Human Services, the Secretary of Education"; and 
• 
(2) by striking out "of Health, Education, and Welfare" in the 
second sentence and inserting in lieu thereof "of Health and 
Human Services, the Department of Education". 
(j) The Defense Dependents' Education Act of 1978 is amended— 
(1) in section 1410(a)(1), by striking out "representatives of 92 Stat. 2369. 
sponsors" and inserting in lieu thereof "parents"; 
20 USC 928. 
(2) in section 1410(b), by striking out "Secretary of Defense" 
and inserting in lieu thereof "Secretary of Education, in consul-
tation with the Secretary of Defense,"; 
(3) in section 1411(a), by striking out "Department of Defense" 
92 Stat. 2370. 
and inserting in lieu thereof "Department of Education"; 
20 use 929. 
93 STAT. 694 
PUBLIC LAW 96-88—OCT. 17, 1979 
92 Stat. 2370. 
(4) in section 1411(a)(1), by striking out everything after "Logis-
20 use 929. 
tics" and inserting in lieu thereof ", and the Administrator of 
Education for Overseas Dependents of such department, who 
shall be co-chairman of the Council;"; 
(5) in section 1411(a), by striking out paragraphs (2) and (3) and 
inserting in lieu thereof the following: 
"(2) twelve individuals appointed by the Secretary of Educa-
tion, who shall be individuals who have demonstrated an interest 
in the fields of primary or secondary education and who shall 
include representatives of professional employee organizations, 
school administrators, parents of dependents enrolled in the 
dependents' education system, and one student enrolled in such 
system; 
"(3) a representative of the Secretary of Education and of the 
Secretary of Defense."; 
(6) in section 1411(b)(1), by striking out "Assistant Secretary" 
and inserting in lieu thereof "Secretary of Education"; 
(7) in section 1411(c)— 
(A) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively; and 
(B) by inserting after paragraph (1) the following new 
paragraph: 
"(2) make recommendations to the Director and to the Secre-
tary of Education on the orderly transfer of the functions under 
the Dependents' Education Act of 1978 to the Secretary and 
Department of Education,"; and 
(8) in section 1411(c)(5) (as so redesignated), by striking out 
"Assistant Secretary" and inserting in lieu thereof "Secretary of 
Education". 
92 Stat. 2153. 
(k) Section 111(c)(2)(B) of the Elementary and Secondary Education 
20 use 2711. 
^j.^ Qf i9g5 jg amended by adding at the end thereof the following new 
sentence: "The Secretary of Health and Human Services shall collect 
and transmit the information required by this subparagraph to the 
Secretary not later than January 1 of each year.". 
92 Stat. 2218. 
(1)(1) Section 352 of the Environmental Education Act of 1978 is 
20 use 3012. 
amended by striking out "who shall be compensated" and everything 
that follows through the end of such section and inserting in lieu 
thereof a period. 
(2) Paragraph (1) of section 160(b) of the Vocational Education Act 
20 use 2390. 
of 1963 is amended by striking out ", and who shall be compensated" 
and everything that follows through the end of such paragraph and 
inserting in lieu thereof a period. 
20 use 1102. 
(3) Section 512 of the Higher Education Act of 1965 is amended by 
striking out the second sentence and inserting in lieu thereof the 
following: "The Teacher Corps shall be headed by a Director and a 
Deputy Director.". 
20 use 1102 
(4) Positions abolished as a consequence of the amendments made 
"°*®- 
by this subsection shall, for purposes of section 502(a), be deemed to be 
permanent positions transferred pursuant to title V of this Act. 
92 Stat. 2965. 
(ni)(l) Section 203(a)(1) of the Rehabilitation Act of 1973 is amended 
29 use 761b. 
by striking out "Commissioner, the Commissioner" and inserting in 
92 Stat. 2983. 
(2) Section 507 of such Act is amended by striking out "Health, 
29 use 794c. 
Education, and Welfare," and inserting in lieu thereof "Education, 
the Secretary of Health and Human Services,", 
(n) The Inspector General Act of 1978 is amended— 
92 Stat. 1101. 
(1) in section 2(1), by inserting "the Department of Education," 
5 use app. 
immediately after "Commerce,'; 
92 Stat. 1107. 
(2) in section 9(aXl)— 
5 use app. 
PUBLIC LAW 96-88—OCT. 17, 1979 
93 STAT. 695 
(A) by redesignating subparagraphs (C) through (L) as (D) 
through (M), respectively; and 
(B) by inserting immediately after subparagraph (B) the 
following new subparagraph: 
"(C) of the Department of Education, all functions of the 
Inspector General of Health, Education, and Welfare or of 
the Office of Inspector General of Health, Education, and 
Welfare relating to functions transferred by section 301 of 
the Department of Education Organization Act;"; 
(3) in section 11(1), by inserting "Education," immediately 92 Stat. 1109. 
after "Commerce,"; 
^ USC app. 
(4) in section 11(2), by inserting "Education," immediately 
after "Commerce,"; and 
(5) by amending the title to read as follows: "An Act to 
establish Offices of Inspector General within various depart-
ments and agencies, and for other purposes.". 
REDESIGNATION 
SEC. 509. (a) The Department of Health, Education, and Welfare is Department of 
hereby redesignated the Department of Health and Human Services, Health ^d 
and the Secretary of Health, Education, and Welfare or any other 2o"usc 3508^ ^ 
official of the Department of Health, Education, and Welfare is 
hereby redesignated the Secretary or official, as appropriate, of 
Health and Human Services. 
(b) 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 the effective date of this Act 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 Act. 
COORDINATION OF PROGRAMS AFFECTING HANDICAPPED INDIVIDUALS 
SEC. 510. The Secretary of Health and Human Services shall 20USC3509. 
identify, assess, coordinate, and eliminate conflict, duplication, and 
inconsistencies among programs significantly affecting handicapped 
individuals carried out by or under the Department of Health and 
Human Services, shall promote efficiency among such programs, and 
shall seek to coordinate, to the maximum extent feasible, such 
programs with programs significantly affecting handicapped individ-
uals carried out by or under the Department of Education. 
TRANSITION 
SEC. 511. With the consent of the appropriate department or agency 20 USC 3510. 
head concerned, the Secretary is authorized to utilize the services of 
such officers, employees, and other personnel of the departments and 
agencies from which functions or offices have been transferred to the 
Secretary or the Department, and funds appropriated to such func-
tions or offices for such period of time as may reasonably be needed to 
facilitate the orderly implementation of this Act. 
93 STAT. 696 
PUBLIC LAW 96-88—OCT. 17, 1979 
TITLE VI-EFFECTIVE DATE AND INTERIM APPOINTMENTS 
Publication in 
Federal 
Register. 
20 u s e 3401 
note. 
Regulations. 
EFFECTIVE DATE 
SEC. 601. (a) The provisions of this Act shall take effect one 
hundred and eighty days after the first Secretary takes office, or on 
any earlier date on or after October 1, 1979, as the President may 
prescribe and publish in the Federal Register, except that at any 
time on or after October 1,1979— 
(1) any of the officers provided for in title II of this Act may be 
nominated and appointed, as provided in such title; and 
(2) the Secretary may promulgate regulations pursuant to 
section 505(b)(2) of this Act. 
(b) Funds available to any department or agency (or any official or 
component thereof), the functions or offices of which are transferred 
to the Secretary or the Department by this Act, may, with the 
approval of the Director of the Office of Management and Budget, be 
used to pay the compensation and expenses of any officer appointed 
pursuant to this title and other transitional and planning expenses 
associated with the establishment of the Department or transfer of 
functions or offices thereto until such time as funds for such purposes 
are otherwise available. 
20 u s e 3401 
note. 
INTERIM APPOINTMENTS 
SEC. 602. (a) In the event that one or more officers required by this 
Act to be appointed by and with the advice and consent of the Senate 
shall not have entered upon office on the effective date of this Act and 
notwithstanding any other provisions of law, the President may 
designate an officer in the executive branch to act in such office for 
one hundred and twenty days or until the office is filled as provided in 
this Act, whichever occurs first. 
(b) Any officer acting in an office in the Department pursuant to 
the provisions of subsection (a) shall receive compensation at the rate 
prescribed for such office under this Act. 
Approved October 17, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-143 accompanying H.R. 2444 (eomm. on Government 
Operations) and No. 96-459 (Comm. of Conference). 
SENATE REPORTS: No. 96-49 (Comm. on Governmental Affairs) and No. 96-326 
(Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
Apr. 5, 10, 26, 30, considered and passed Senate. 
June 7, 11-13, 19, July 11, H.R. 2444, considered and passed House; passage 
vacated and S. 210, amended, passed in lieu. 
Sept. 24, Senate agreed to conference report. 
Sept. 27, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 42: 
Oct. 17, Presidential statement.