CHAPTER 48 —DEPARTMENT OF EDUCATION
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—ESTABLISHMENT OF THE DEPARTMENT
SUBCHAPTER III—TRANSFERS OF AGENCIES AND FUNCTIONS
SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS
Part A—Personnel Provisions
Part B—General Administrative Provisions
SUBCHAPTER V—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SUBCHAPTER I—GENERAL PROVISIONS
§3401. Congressional findings
The Congress finds that—
(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 American 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 technologies 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 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 organizational 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.
(
Statutory Notes and Related Subsidiaries
Effective Date
"(a) The provisions of this Act [see Short Title note below] 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 [prescribed as May 4, 1980, by Ex. Ord. No. 12212, formerly set out below], except that at any time on or after October 1, 1979—
"(1) any of the officers provided for in title II of this Act [subchapter II of this chapter] 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 [see Short Title note below], 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 [this section and section 602 of
Short Title of 1990 Amendment
Short Title
Emergency Assistance and Relief to Schools; Maintenance of Effort and Equity
"SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND.
"(a)
"(b)
"(1) use $800,000,000 for the purposes of identifying homeless children and youth and providing homeless children and youth with—
"(A) wrap-around services in light of the challenges of COVID–19; and
"(B) assistance needed to enable homeless children and youth to attend school and participate fully in school activities; and
"(2) from the remaining amounts, make grants to each State educational agency in accordance with this section.
"(c)
"(d)
"(1)
"(2)
"(e)
"(1) shall reserve not less than 20 percent of such funds to address learning loss through the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such interventions respond to students' academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (
"(2) shall use the remaining funds for any of the following:
"(A) Any activity authorized by the Elementary and Secondary Education Act of 1965 [
"(B) Any activity authorized by the Individuals with Disabilities Education Act [
"(C) Any activity authorized by the Adult Education and Family Literacy Act [two Acts with that Short Title:
"(D) Any activity authorized by the Carl D. Perkins Career and Technical Education Act of 2006 [
"(E) Coordination of preparedness and response efforts of local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses among such entities to prevent, prepare for, and respond to coronavirus.
"(F) Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population.
"(G) Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies.
"(H) Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases.
"(I) Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency.
"(J) Planning for, coordinating, and implementing activities during long-term closures, including providing meals to eligible students, providing technology for online learning to all students, providing guidance for carrying out requirements under the Individuals with Disabilities Education Act and ensuring other educational services can continue to be provided consistent with all Federal, State, and local requirements.
"(K) Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and children with disabilities, which may include assistive technology or adaptive equipment.
"(L) Providing mental health services and supports, including through the implementation of evidence-based full-service community schools.
"(M) Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, children with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care.
"(N) Addressing learning loss among students, including low-income students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children and youth in foster care, of the local educational agency, including by—
"(i) administering and using high-quality assessments that are valid and reliable, to accurately assess students' academic progress and assist educators in meeting students' academic needs, including through differentiating instruction;
"(ii) implementing evidence-based activities to meet the comprehensive needs of students;
"(iii) providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment; and
"(iv) tracking student attendance and improving student engagement in distance education.
"(O) School facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs.
"(P) Inspection, testing, maintenance, repair, replacement, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replacement.
"(Q) Developing strategies and implementing public health protocols including, to the greatest extent practicable, policies in line with guidance from the Centers for Disease Control and Prevention for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff.
"(R) Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies and continuing to employ existing staff of the local educational agency.
"(f)
"(1) shall reserve not less than 5 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, activities to address learning loss by supporting the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such interventions respond to students' academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (
"(2) shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based summer enrichment programs, and ensure such programs respond to students' academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (
"(3) shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based comprehensive afterschool programs, and ensure such programs respond to students' academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (
"(4) may reserve not more than one-half of 1 percent of the total amount of grant funds awarded to the State under this section for administrative costs and the remainder for emergency needs as determined by the State educational agency to address issues responding to coronavirus, which may be addressed through the use of grants or contracts.
"(g)
"(h)
"(1) the terms 'child', 'children with disabilities', 'distance education', 'elementary school', 'English learner', 'evidence-based', 'secondary school', 'local educational agency', 'parent', 'Secretary', 'State educational agency', and 'technology' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (
"(2) the term 'full-service community school' has the meaning given that term in section 4622(2) of the Elementary and Secondary Education Act of 1965 (
"(3) the term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
"(i)
"(1)
"(2)
"(3)
"SEC. 2002. EMERGENCY ASSISTANCE TO NON-PUBLIC SCHOOLS.
"(a)
"(b)
"SEC. 2003. HIGHER EDUCATION EMERGENCY RELIEF FUND.
"In addition to amounts otherwise available, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $39,584,570,000, to remain available through September 30, 2023, for making allocations to institutions of higher education in accordance with the same terms and conditions of section 314 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of
"(1) subsection (a)(1) of such section 314 shall be applied by substituting '91 percent' for '89 percent';
"(2) subsection (a)(2) of such section 314 shall be applied—
"(A) in the matter preceding subparagraph (A), by substituting 'under the heading "Higher Education" in the Department of Education Appropriations Act, 2020 [title III of div. A of
"(B) in subparagraph (B), by substituting 'under the heading "Higher Education" in the Department of Education Appropriations Act, 2020' for 'in the Further Consolidated Appropriations Act, 2020 (
"(3) an institution that receives an allocation apportioned in accordance with clause (iii) of subsection (a)(2)(A) of such section 314 that has a total endowment size of less than $1,000,000 (including an institution that does not have an endowment) shall be treated by the Secretary as having a total endowment size of $1,000,000 for the purposes of such clause (iii);
"(4) subsection (a)(4) of such section 314 shall be applied by substituting '1 percent' for '3 percent';
"(5) except as provided in paragraphs (7) and (9) of subsection (d) of such section 314, an institution shall use a portion of funds received under this section to—
"(A) implement evidence-based practices to monitor and suppress coronavirus in accordance with public health guidelines; and
"(B) conduct direct outreach to financial aid applicants about the opportunity to receive a financial aid adjustment due to the recent unemployment of a family member or independent student, or other circumstances, described in section 479A of the Higher Education Act of 1965 (
"(6) the following shall not apply to funds provided or received in accordance with this section—
"(A) subsection (b) of such section 314;
"(B) paragraph (2) of subsection (c) of such section 314;
"(C) paragraphs (1), (2), (4), (5), (6), and (8) of subsection (d) of such section 314;
"(D) subsections (e) and (f) of such section 314; and
"(E) section 316 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of
"(7) an institution that receives an allocation under this section apportioned in accordance with subparagraphs (A) through (D) of subsection (a)(1) of such section 314 shall use not less than 50 percent of such allocation to provide emergency financial aid grants to students in accordance with subsection (c)(3) of such section 314.
"SEC. 2004. MAINTENANCE OF EFFORT AND MAINTENANCE OF EQUITY.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) reduce per-pupil funding (from combined State and local funding) for any high-poverty school served by such local educational agency by an amount that exceeds—
"(i) the total reduction in local educational agency funding (from combined State and local funding) for all schools served by the local educational agency in such fiscal year (if any); divided by
"(ii) the number of children enrolled in all schools served by the local educational agency in such fiscal year; or
"(B) reduce per-pupil, full-time equivalent staff in any high-poverty school by an amount that exceeds—
"(i) the total reduction in full-time equivalent staff in all schools served by such local educational agency in such fiscal year (if any); divided by
"(ii) the number of children enrolled in all schools served by the local educational agency in such fiscal year.
"(2)
"(A) Such local educational agency has a total enrollment of less than 1,000 students.
"(B) Such local educational agency operates a single school.
"(C) Such local educational agency serves all students within each grade span with a single school.
"(D) Such local educational agency demonstrates an exceptional or uncontrollable circumstance, such as unpredictable changes in student enrollment or a precipitous decline in the financial resources of such agency, as determined by the Secretary of Education.
"(d)
"(1)
"(2)
"(A) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary of Education determines are satisfactory); and
"(B) collectively serve not less than 20 percent of the State's total enrollment of students served by all local educational agencies in the State.
"(3)
"(A) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary of Education determines are satisfactory); and
"(B) collectively serve not less than 50 percent of the State's total enrollment of students served by all local educational agencies in the State.
"(4)
"(A)
"(B)
"(5)
"(A) the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State in such fiscal year compared to the total amount of such funds provided to all local educational agencies in the State in the previous fiscal year; divided by
"(B) the aggregate number of children enrolled in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made.
"(6)
Emergency Funding for Education
"education stabilization fund
"
"(1) one-half of 1 percent to the outlying areas for supplemental awards to be allocated not more than 30 calendar days from the date of enactment of this Act [Dec. 27, 2020] on the basis of the terms and conditions for funding provided under section 18001(a)(1) of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (
"(2) one-half of 1 percent for a supplemental award to be allocated to the Secretary of Interior not more than 30 calendar days from enactment of this Act for programs operated or funded by the Bureau of Indian Education (BIE) under the terms and conditions established for funding provided under section 18001(a)(2) of the CARES Act (
"(A) 60 percent for Bureau-funded schools, as defined in
"(B) 40 percent for Tribal Colleges and Universities, which shall be distributed according to the formula in section 316(d)(3) of the Higher Education Act of 1965 ('HEA') [
"(b)
"(1) 5 percent to carry out
"(2) 67 percent to carry out
"(3) 28 percent to carry out
"governor's emergency education relief fund
"
"(2)
"(b)
"(1) 60 percent on the basis of their relative population of individuals aged 5 through 24.
"(2) 40 percent on the basis of their relative number of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ('ESEA') [
"(c)
"(1) provide emergency support through grants to local educational agencies that the State educational agency deems have been most significantly impacted by coronavirus to support the ability of such local educational agencies to continue to provide educational services to their students and to support the on-going functionality of the local educational agency;
"(2) provide emergency support through grants to institutions of higher education serving students within the State that the Governor determines have been most significantly impacted by coronavirus to support the ability of such institutions to continue to provide educational services and support the on-going functionality of the institution; and
"(3) provide support to any other institution of higher education, local educational agency, or education related entity within the State that the Governor deems essential for carrying out emergency educational services to students for authorized activities described in
"(d)
"(1)
"(A)
"(B)
"(2)
"(A)
"(i) issue a notice inviting applications for funds reserved under subsection (a)(2) not later than 30 days after the date of enactment of this Act [Dec. 27, 2020]; and
"(ii) approve or deny an application not later than 15 days after the receipt of the application.
"(B)
"(i) distribute information about the program to non-public schools and make the information and the application easily available;
"(ii) process all applications submitted promptly, in accordance with subparagraph (3)(A)(ii);
"(iii) in providing services or assistance to non-public schools, ensure that services or assistance is provided to any non-public school that—
"(I) is a non-public school described in paragraph (3)(C);
"(II) submits an application that meets the requirements of paragraph (3)(B); and
"(III) requests services or assistance allowable under paragraph (4);
"(iv) to the extent practicable, obligate all funds provided under subsection (a)(2) for services or assistance to non-public schools in the State in an expedited and timely manner; and
"(v) obligate funds to provide services or assistance to non-public schools in the State not later than 6 months after receiving such funds under subsection (a)(2).
"(3)
"(A)
"(i) make the application for services or assistance described in subparagraph (B) available to non-public schools by not later than 30 days after the receipt of such funds; and
"(ii) approve or deny an application not later than 30 days after the receipt of the application.
"(B)
"(i) the number and percentage of students from low-income families enrolled by such non-public school in the 2019–2020 school year;
"(ii) a description of the emergency services authorized under paragraph (4) that such non-public school requests to be provided by the State educational agency; and
"(iii) whether the non-public school requesting services or assistance under this subsection received a loan guaranteed under paragraph (36) of section 7(a) of the Small Business Act (
"(C)
"(4)
"(A) supplies to sanitize, disinfect, and clean school facilities;
"(B) personal protective equipment;
"(C) improving ventilation systems, including windows or portable air purification systems to ensure healthy air in the non-public school;
"(D) training and professional development for staff on sanitation, the use of personal protective equipment, and minimizing the spread of infectious diseases;
"(E) physical barriers to facilitate social distancing;
"(F) other materials, supplies, or equipment to implement public health protocols, including guidelines and recommendations from the Centers for Disease Control and Prevention for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff during the qualifying emergency;
"(G) expanding capacity to administer coronavirus testing to effectively monitor and suppress coronavirus, to conduct surveillance and contact tracing activities, and to support other activities related to coronavirus testing for students, teachers, and staff at the non-public school;
"(H) educational technology (including hardware, software, connectivity, assistive technology, and adaptive equipment) to assist students, educators, and other staff with remote or hybrid learning;
"(I) redeveloping instructional plans, including curriculum development, for remote learning, hybrid learning, or to address learning loss;
"(J) leasing of sites or spaces to ensure safe social distancing to implement public health protocols, including guidelines and recommendations from the Centers for Disease Control and Prevention;
"(K) reasonable transportation costs;
"(L) initiating and maintaining education and support services or assistance for remote learning, hybrid learning, or to address learning loss; or
"(M) reimbursement for the expenses of any services or assistance described in this paragraph (except for subparagraphs (C) (except that portable air purification systems shall be an allowable reimbursable expense), (D), (I), and (L)) that the non-public school incurred on or after the date of the qualifying emergency, except that any non-public school that has received a loan guaranteed under paragraph (36) of section 7(a) of the Small Business Act (
"(5)
"(6)
"(7)
"(A)
"(B)
"(i)
"(I) by employees of a public agency; or
"(II) through contract by such public agency with an individual, association, agency, or organization.
"(ii)
"(8)
"(9)
"(B)
"(e)
"(1) Funds provided under this section shall not be used—
"(A) to provide direct or indirect financial assistance to scholarship granting organizations or related entities for elementary or secondary education; or
"(B) to provide or support vouchers, tuition tax credit programs, education savings accounts, scholarships, scholarship programs, or tuition-assistance programs for elementary or secondary education.
"(2)
"(3)
"(f)
"elementary and secondary school emergency relief fund
"
"(b)
"(c)
"(d)
"(1) Any activity authorized by the ESEA of 1965, including the Native Hawaiian Education Act [
"(2) Coordination of preparedness and response efforts of local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses among such entities to prevent, prepare for, and respond to coronavirus.
"(3) Providing principals and others school leaders with the resources necessary to address the needs of their individual schools.
"(4) Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population.
"(5) Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies.
"(6) Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases.
"(7) Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency.
"(8) Planning for, coordinating, and implementing activities during long-term closures, including providing meals to eligible students, providing technology for online learning to all students, providing guidance for carrying out requirements under the IDEA [
"(9) Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and children with disabilities, which may include assistive technology or adaptive equipment.
"(10) Providing mental health services and supports.
"(11) Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, children with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care.
"(12) Addressing learning loss among students, including low-income students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children and youth in foster care, of the local educational agency, including by—
"(A) Administering and using high-quality assessments that are valid and reliable, to accurately assess students' academic progress and assist educators in meeting students' academic needs, including through differentiating instruction.
"(B) Implementing evidence-based activities to meet the comprehensive needs of students.
"(C) Providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment.
"(D) Tracking student attendance and improving student engagement in distance education.
"(13) School facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs.
"(14) Inspection, testing, maintenance, repair, replacement, and upgrade projects to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replacement.
"(15) Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies and continuing to employ existing staff of the local educational agency.
"(e)
"(f)
"(g)
"higher education emergency relief fund
"
"(1) 89 percent to each institution of higher education as defined in section 101 or section 102(c) of the HEA [
"(A) 37.5 percent according to the relative share of full-time equivalent enrollment of students who were Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
"(B) 37.5 percent according to the relative share of the total number of students who were Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
"(C) 11.5 percent according to the relative share of full-time equivalent enrollment of students who were not Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
"(D) 11.5 percent according to the relative share of the total number of students who were not Federal Pell Grant recipients and who were not exclusively enrolled in distance education courses prior to the qualifying emergency;
"(E) 1 percent according to the relative share of full-time equivalent enrollment of students who were Federal Pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency; and
"(F) 1 percent according to the relative share of the total number of students who were Federal Pell grant recipients and who were exclusively enrolled in distance education courses prior to the qualifying emergency.
"(2) 7.5 percent for additional awards under parts A and B of title III [
"(A) Except as otherwise provided in subparagraph (2)(B), for eligible institutions under part B of title III and subpart 4 of part A of title VII of the HEA, the Secretary shall allot to each eligible institution an amount using the following formula:
"(i) 70 percent according to a ratio equivalent to the number of Pell Grant recipients in attendance at such institution at the end of the school year preceding the beginning of the most recent fiscal year and the total number of Pell Grant recipients at all such institutions;
"(ii) 20 percent according to a ratio equivalent to the total number of students enrolled at such institution at the end of the school year preceding the beginning of that fiscal year and the number of students enrolled at all such institutions; and
"(iii) 10 percent according to a ratio equivalent to the total endowment size at all eligible institutions at the end of the school year preceding the beginning of that fiscal year and the total endowment size at such institution;
"(B) For eligible institutions under section 326 of the HEA [
"(C) For eligible institutions under section 316 of the HEA [
"(3) 0.5 percent for part B of title VII of the HEA [
"(4) 3 percent to institutions of higher education as defined in section 102(b) of the HEA [
"(b)(1)
"(2) The Secretary shall allocate amounts to institutions of higher education under this section, to the extent practicable, as follows:
"(A) under subsections (a)(1) and (a)(4) within 30 calendar days of the date of enactment of this Act;
"(B) under subsection (a)(2) within 60 calendar days of the date of enactment of this Act; and
"(C) under subsection (a)(3) within 120 calendar days of enactment of this Act.
"(c)
"(1) defray expenses associated with coronavirus (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, and payroll);
"(2) carry out student support activities authorized by the HEA that address needs related to coronavirus; or
"(3) provide financial aid grants to students (including students exclusively enrolled in distance education), which may be used for any component of the student's cost of attendance or for emergency costs that arise due to coronavirus, such as tuition, food, housing, health care (including mental health care), or child care. In making financial aid grants to students, an institution of higher education shall prioritize grants to students with exceptional need, such as students who receive Pell Grants.
"(d)
"(1) A Historically Black College and University or a Minority Serving Institution may use prior awards provided under titles III, V, and VII of the Higher Education Act [
"(2) An institution of higher education awarded funds under section 18004 of division B of the CARES Act (
"(3) No funds received by an institution of higher education under this section shall be used to fund contractors for the provision of pre-enrollment recruitment activities; marketing or recruitment; endowments; capital outlays associated with facilities related to athletics, sectarian instruction, or religious worship; senior administrator or executive salaries, benefits, bonuses, contracts, incentives; stock buybacks, shareholder dividends, capital distributions, and stock options; or any other cash or other benefit for a senior administrator or executive.
"(4) Any funds that remain available for obligation as of the date of enactment of this Act to carry out section 18004(a)(1) of the CARES Act (
"(5) Institutions of higher education receiving allocations under
"(6)(A) An institution of higher education that was required to remit payment to the Internal Revenue Service for the excise tax based on investment income of private colleges and universities under section 4968 of the Internal Revenue Code of 1986 for tax year 2019 shall have its allocation under this section reduced by 50 percent and may only use funds for activities described in paragraph (c)(3), or for sanitation, personal protective equipment, or other expenses associated with the general health and safety of the campus environment related to the qualifying emergency. This paragraph shall not apply to an institution of higher education designated by the Secretary as an eligible institution under section 448 of the HEA [
"(B)
"(7) An institution of higher education as defined in section 102(b) of the HEA [
"(8) An institution of higher education with an approved application under section 18004(a) of division B of the CARES Act (
"(9) An institution of higher education receiving funds under subsections (a)(1)(E) or (F) may only use funds apportioned by such subparagraphs for activities described in subsection (c)(3).
"(e)
"(f)
"continued payment to employees
"
"definitions
"
"(1) the terms 'elementary education' and 'secondary education' have the meaning given such terms under State law;
"(2) the term 'institution of higher education' has the meaning given such term in title I of the HEA [
"(3) the term 'Secretary' means the Secretary of Education;
"(4) the term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico;
"(5) the term 'cost of attendance' has the meaning given such term in section 472 of the HEA [
"(6) the term 'Non-public school' means a non-public elementary and secondary school that—
"(A) is accredited, licensed, or otherwise operates in accordance with State law; and
"(B) was in existence prior to the date of the qualifying emergency for which grants are awarded under this title;
"(7) the term 'public school' means a public elementary or secondary school;
"(8) any other term used that is defined in section 8101 of the ESEA of 1965 [
"(9) the term 'qualifying emergency' has the meaning given the term in section 3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act (
"maintenance of effort
"
"(b) The Secretary may waive the requirement in subsection (a) for the purpose of relieving fiscal burdens on States that have experienced a precipitous decline in financial resources."
[For definition of "coronavirus" as used in sections 311–317 of
"education stabilization fund
"
"(1) not more than 1/2 of 1 percent to the outlying areas on the basis of their respective needs, as determined by the Secretary, in consultation with the Secretary of the Interior;
"(2) one-half of 1 percent for the Secretary of Interior, in consultation with the Secretary of Education, for programs operated or funded by the Bureau of Indian Education; and
"(3) 1 percent for grants to States with the highest coronavirus burden to support activities under this heading in this Act, for which the Secretary shall issue a notice inviting applications not later than 30 days of enactment of this Act [Mar. 27, 2020] and approve or deny applications not later than 30 days after receipt.
"(b)
"(1) 9.8 percent to carry out
"(2) 43.9 percent to carry out
"(3) 46.3 percent to carry out
"governor's emergency education relief fund
"
"(b)
"(1) 60 percent on the basis of their relative population of individuals aged 5 through 24.
"(2) 40 percent on the basis of their relative number of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 [
"(c)
"(1) provide emergency support through grants to local educational agencies that the State educational agency deems have been most significantly impacted by coronavirus to support the ability of such local educational agencies to continue to provide educational services to their students and to support the on-going functionality of the local educational agency;
"(2) provide emergency support through grants to institutions of higher education serving students within the State that the Governor determines have been most significantly impacted by coronavirus to support the ability of such institutions to continue to provide educational services and support the on-going functionality of the institution; and
"(3) provide support to any other institution of higher education, local educational agency, or education related entity within the State that the Governor deems essential for carrying out emergency educational services to students for authorized activities described in
"(d)
"elementary and secondary school emergency relief fund
"
"(b)
"(c)
"(d)
"(1) Any activity authorized by the ESEA of 1965, including the Native Hawaiian Education Act [
"(2) Coordination of preparedness and response efforts of local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses among such entities to prevent, prepare for, and respond to coronavirus.
"(3) Providing principals and others school leaders with the resources necessary to address the needs of their individual schools.
"(4) Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population.
"(5) Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies.
"(6) Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases.
"(7) Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency.
"(8) Planning for and coordinating during long-term closures, including for how to provide meals to eligible students, how to provide technology for online learning to all students, how to provide guidance for carrying out requirements under the Individuals with Disabilities Education Act (
"(9) Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and students with disabilities, which may include assistive technology or adaptive equipment.
"(10) Providing mental health services and supports.
"(11) Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, students with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care.
"(12) Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies and continuing to employ existing staff of the local educational agency.
"(e)
"(f)
"higher education emergency relief fund
"
"(1) 90 percent to each institution of higher education to prevent, prepare for, and respond to coronavirus, by apportioning it—
"(A) 75 percent according to the relative share of full-time equivalent enrollment of Federal Pell Grant recipients who are not exclusively enrolled in distance education courses prior to the coronavirus emergency; and
"(B) 25 percent according to the relative share of full-time equivalent enrollment of students who were not Federal Pell Grant recipients who are not exclusively enrolled in distance education courses prior to the coronavirus emergency.
"(2) 7.5 percent for additional awards under parts A and B of title III [
"(3) 2.5 percent for part B of title VII of the Higher Education Act [
"(b)
"(c)
"(d)
"(2) A Historically Black College and University or a Minority Serving Institution may use prior awards provided under titles III, V, and VII of the Higher Education Act [
"(e)
"assistance to non-public schools
"
"(b)
"continued payment to employees
"
"definitions
"
"(1) the terms 'elementary education' and 'secondary education' have the meaning given such terms under State law;
"(2) the term 'institution of higher education' has the meaning given such term in title I of the Higher Education Act of 1965 (
"(3) the term 'Secretary' means the Secretary of Education;
"(4) the term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico;
"(5) the term 'cost of attendance' has the meaning given such term in section 472 of the Higher Education Act of 1965 [
"(6) the term 'Non-public school' means a non-public elementary and secondary school that (A) is accredited, licensed, or otherwise operates in accordance with State law; and (B) was in existence prior to the date of the qualifying emergency for which grants are awarded under this section;
"(7) the term 'public school' means a public elementary or secondary school; and
"(8) any other term used that is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (
"maintenance of effort
"
"(b) The secretary may waive the requirement in subsection (a) for the purpose of relieving fiscal burdens on States that have experienced a precipitous decline in financial resources."
[For definition of "coronavirus" as used in sections 18001–18008 of
Interim Appointments
"(a) In the event that one or more officers required by this Act [see Short Title note above] 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 [May 4, 1980] 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."
Executive Documents
Executive Order No. 12212
Ex. Ord. No. 12212, May 2, 1980, 45 F.R. 29557, which established the effective date for the Department of Education Organization Act, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Ensuring a Safe Return to In-Person School for the Nation's Children
Memorandum of President of the United States, Aug. 18, 2021, 86 F.R. 46951, provided:
Memorandum for the Secretary of Education
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Many Governors and other State and local officials have risen to the challenge of beginning the new school year safely and responsibly by implementing prevention and mitigation strategies to maximize the health and safety of students, educators, and staff. The Federal Government is supporting these efforts in critical ways. The American Rescue Plan provides significant support to schools to develop and implement science-based health protocols to prevent the spread of COVID–19. Additionally, the Federal Emergency Management Agency is reimbursing States, including their school districts, at 100 percent Federal cost share to support the safe reopening and operation of school facilities and to effectively maintain the health and safety of students, educators, and staff.
At the same time, however, some State governments have adopted policies and laws that interfere with the ability of schools and districts to keep our children safe during in-person learning. Some of these policies and laws have gone so far as to try to block school officials from adopting safety protocols aligned with recommendations from the CDC to protect students, educators, and staff. And some State officials have even threatened to impose personal financial consequences on school officials who are working tirelessly to put student health and safety first and to comply with their legal obligations to their communities to further the essential goal of a safe, in-person education for all students.
Our priority must be the safety of students, families, educators, and staff in our school communities. Nothing should interfere with this goal.
(i) Governors and other officials are taking all appropriate steps to prepare for a safe return to school for our Nation's children, including not standing in the way of local leaders making such preparations; and
(ii) Governors and other officials are giving students the opportunity to participate and remain in safe full-time, in-person learning without compromising their health or the health of their families or communities.
(b) The Secretary of Education's assessment in subsection (a) of this section shall include consideration of whether to take steps toward the initiation of possible enforcement actions under applicable laws.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) You are authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
§3402. Congressional declaration of purpose
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 chapter 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 improve 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, procedures, 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 programs to the President, the Congress, and the public.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§3403. Relationship with States
(a) Rights of local governments and educational institutions
It is the intention of the Congress in the establishment of the Department to protect the rights of State and local governments 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 institutions over their own educational programs and policies. The establishment 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.
(b) Curriculum, administration, and personnel; library resources
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, supervision, or control over the curriculum, program of instruction, administration, 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 instructional materials by any educational institution or school system, except to the extent authorized by law.
(c) Funding under pre-existing programs
The Secretary shall not, during the period within eight months after May 4, 1980, take any action to withhold, suspend, or terminate funds under any program transferred by this chapter 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.
(
Editorial Notes
Codification
In subsec. (c), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
§3404. Definitions
As used in this chapter, unless otherwise provided or indicated by the context—
(1) the term "Department" means the Department of Education or any component thereof;
(2) the term "Secretary" means the Secretary of Education;
(3) the term "Deputy Secretary" means the Deputy 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, American Samoa, the Northern Mariana Islands, and the Trust Territory 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.
(
Editorial Notes
Amendments
1990—Par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment; Continued Service by Incumbents
"(1) This section [amending this section,
"(2)(A) The incumbent in the position of Under Secretary of Health and Human Services on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Health and Human Services at the pleasure of the President after such day.
"(B) The incumbent in the position of Under Secretary of the Interior on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of the Interior at the pleasure of the President after such day.
"(C) The incumbent in the position of Under Secretary of Education on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Education at the pleasure of the President after such day.
"(D) The incumbent in the position of Under Secretary of Housing and Urban Development on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Housing and Urban Development at the pleasure of the President after such day."
Construction of References
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
SUBCHAPTER II—ESTABLISHMENT OF THE DEPARTMENT
§3411. Establishment of Department; appointment of Secretary
There is established an executive department to be known as the Department of Education. The Department shall be administered, in accordance with the provisions of this chapter, under the supervision and direction of a Secretary of Education. The Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to the Secretary of Education, see Parts 1, 2, and 6 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out under
Executive Order No. 12729
Ex. Ord. No. 12729, Sept. 24, 1990, 55 F.R. 39389, which established the President's Advisory Commission on Educational Excellence for Hispanic Americans, directed Secretary of Education to establish the White House Initiative on Educational Excellence for Hispanic Americans, set forth reporting requirements, and required active involvement of executive departments and agencies, was revoked by Ex. Ord. No. 12900, §10, Feb. 22, 1994, 59 F.R. 9061, formerly set out below.
Executive Order No. 12900
Ex. Ord. No. 12900, Feb. 22, 1994, 59 F.R. 9061, which established in the Department of Education the President's Advisory Commission on Educational Excellence for Hispanic Americans and the White House Initiative on Educational Excellence for Hispanic Americans and directed the Secretary of Education to submit to the President an Annual Federal Plan to Promote Hispanic American Educational Excellence and the Director of the Office of Personnel Management to develop a program to promote recruitment of Hispanic students for positions in the Federal Government, was revoked by Ex. Ord. No. 13230, §9, Oct. 12, 2001, 66 F.R. 52843, formerly set out below.
Executive Order No. 13230
Ex. Ord. No. 13230, Oct. 12, 2001, 66 F.R. 52841, which established in the Department of Education the President's Advisory Commission on Educational Excellence for Hispanic Americans and the White House Initiative on Educational Excellence for Hispanic Americans, set forth reporting requirements, and required cooperation by executive departments and agencies, was revoked by Ex. Ord. No. 13555, §4(a), Oct. 19, 2010, 75 F.R. 65420, formerly set out below.
Extension of Term of President's Advisory Commission on Educational Excellence for Hispanic Americans
Term of President's Advisory Commission on Educational Excellence for Hispanic Americans extended until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, formerly set out as a note under
Previous extensions of term of President's Advisory Commission on Educational Excellence for Hispanic Americans were contained in the following prior Executive Orders:
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.
Ex. Ord. No. 13062, §1(d), Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.
Executive Order No. 13555
Ex. Ord. No. 13555, Oct. 19, 2010, 75 F.R. 65417, which established the White House Initiative on Educational Excellence for Hispanics and the President's Advisory Commission on Educational Excellence for Hispanics in the Department of Education and established the Federal Interagency Working Group on Educational Excellence for Hispanics, was superseded by Ex. Ord. No. 13935, §4(a), July 9, 2020, 85 F.R. 42685, formerly set out below.
Extension of Term of President's Advisory Commission on Educational Excellence for Hispanics
Term of President's Advisory Commission on Educational Excellence for Hispanics extended until Sept. 30, 2021, by Ex. Ord. No. 13889, §1(u), Sept. 27, 2019, 84 F.R. 52744, formerly set out as a note under
Previous extensions of term of President's Advisory Commission on Educational Excellence for Hispanics were contained in the following prior Executive Orders:
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13634, Dec. 21, 2012, 77 F.R. 77249, reestablished Commission and extended term until Sept. 30, 2013.
Executive Order No. 13621
Ex. Ord. No. 13621, July 26, 2012, 77 F.R. 45471, which established the White House Initiative on Educational Excellence for African Americans, the Federal Interagency Working Group on Educational Excellence for African Americans, and the President's Advisory Commission on Educational Excellence for African Americans, was superseded by Ex. Ord. No. 14050, §4(a), Oct. 19, 2021, 86 F.R. 58556, set out below.
Extension of Term of President's Advisory Commission on Educational Excellence for African Americans
Term of President's Advisory Commission on Educational Excellence for African Americans extended until Sept. 30, 2023, by Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, set out as a note under
Previous extensions of term of President's Advisory Commission on Educational Excellence for African Americans were contained in the following prior Executive Orders:
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Executive Order No. 13935
Ex. Ord. No. 13935, July 9, 2020, 85 F.R. 42683, which established the White House Hispanic Prosperity Initiative and the President's Advisory Commission on Hispanic Prosperity, was revoked and superseded by Ex. Ord. No. 14045, §4(a), Sept. 13, 2021, 86 F.R. 51586, set out below.
Executive Order No. 13958
Ex. Ord. No. 13958, Nov. 2, 2020, 85 F.R. 70951, which established the President's Advisory 1776 Commission in the Department of Education, was revoked by Ex. Ord. No. 13985, §10(c), Jan. 20, 2021, 86 F.R. 7012, set out in a note under
Ex. Ord. No. 14045. White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics
Ex. Ord. No. 14045, Sept. 13, 2021, 86 F.R. 51581, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
From advancements in science and civil and labor rights to leadership in government, advocacy, entrepreneurship, and business, the Hispanic community has had a profound and positive impact on our schools, our communities, our economy, and our Nation. Hispanic and Latino communities encompass many racial and cultural identities that span the globe. The diversity of Hispanic and Latino students makes our classrooms across the country rich learning environments. It is important to ensure that from early childhood to higher education, Hispanic and Latino students, including Dreamers, can reach their highest potential. For many Hispanic and Latino students, Hispanic-Serving Institutions (HSIs) provide critical pathways to opportunity, and hundreds of HSIs across our Nation are advancing intergenerational mobility, success, and opportunity.
At the same time, Hispanic and Latino students face systemic inequitable barriers in accessing a high-quality education and a fair shot at the American dream. Only 40 percent of Latino children participate in preschool education programs as compared to 53 percent of their White peers. Due to systemic and historical inequities faced in the classroom, the high school graduation rate for Hispanic students is below the national average. Hispanic students are underrepresented in advanced courses in mathematics and science, and they can face language barriers in the classroom. Only 19 percent of Latino adults have at least a bachelor's degree compared with 1 in 3 overall, and just 6 percent have completed graduate or professional degree programs, versus 13 percent nationally. Further, the lack of availability of adult continuing education courses makes it difficult for many Hispanic adults to further their education. In addition, barriers to equity in education can compound and intersect for Hispanic and Latino students who are women and girls, LGBTQ+ individuals, English language learners, and individuals with disabilities.
The COVID–19 pandemic has laid bare and exacerbated many of these inequities. Hispanic and Latino students are more likely than their White peers to experience remote learning arrangements, yet they have less access to the tools necessary to succeed, such as broadband and computer access. Hispanic women have been adversely impacted by job loss, a lack of access to child care, and the inability to provide care, in greater numbers than their White counterparts. These and pre-existing disparities have led to declines in student achievement for Hispanic students. Latino students—once the fastest-growing group of undergraduates in the United States—have seen a decline in undergraduate college attendance amidst the COVID–19 pandemic. It is a priority of my Administration to ensure an equitable recovery from COVID–19, and to provide Hispanic and Latino students with a successful return to the classroom.
These barriers exist not simply in the classroom, but also in the workplace. Hispanic workers are overrepresented in industries that have been hit hardest by the COVID–19 pandemic, and they have faced disproportionate losses in employment. Hispanic and Latino workers often face discrimination in hiring, pay, and consideration for promotions among other challenges. They need greater access to work-based learning opportunities such as mentorships, internships, and registered apprenticeships that not only guide employment seekers to a career, but provide the experience needed to secure well-paying jobs.
To ensure that our Nation reaches the ambitious goals we have set for our economy to thrive, as well as to ensure equal access to opportunity for all, we must enable Hispanic and Latino students to reach their highest potential through our Nation's schools and institutions of higher education. The Federal Government must also collaborate with Hispanic and Latino communities to ensure their long-term success.
It is the policy of my Administration to advance educational equity, excellence, and economic opportunity for Hispanic communities from early childhood until their chosen career.
(a) To advance equity in our Nation's schools and to promote the economic opportunity that follows it, there is established in the Department of Education (Department), the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics (Initiative), of which the Secretary of Education (Secretary) shall serve as Chair. The Secretary shall designate an Executive Director for the Initiative (Executive Director).
(b) The Initiative shall advance educational equity and economic opportunity for Latino and Hispanic students, families, and communities by focusing on the following policy goals:
(i) increasing general understanding of systemic causes of educational challenges faced by many Hispanic and Latino students, whether these students are in urban, suburban, rural, or migrant learning environments, and working across Federal agencies to address these challenges;
(ii) increasing Hispanic and Latino children's and families' access to and participation in high-quality early childhood programs and services that promote children's healthy development and learning, prepare them for success in school, and affirm their cultural and linguistic identity;
(iii) addressing the inequitable treatment of Hispanic and Latino children, such as eradicating disparities in disciplinary actions;
(iv) supporting and improving data collection related to Hispanic and Latino students and the implementation of evidence-based strategies to increase the participation and success of Hispanic and Latino students in all levels of education and prepare them for careers and civic engagement;
(v) ensuring that all Hispanic and Latino students have access to excellent teachers, school leaders, and other professionals, including by supporting efforts to improve the recruitment, preparation, development, and retention of qualified, diverse teachers and school leaders and other professionals who understand students' lived experiences and can effectively meet their learning, social, and emotional needs;
(vi) enhancing student support services and fostering positive engagement among schools, families, community leaders, and community-based organizations to increase the high school graduation and post-secondary attendance rates and decrease the high school dropout rate for Hispanic and Latino students;
(vii) promoting a positive school climate that supports equitable access to and participation in college-readiness, advanced placement courses, and internship opportunities, as well as innovative dropout prevention and recovery strategies that better engage Hispanic and Latino youth in their learning, help them progress academically as needed, and provide those who have left the educational system with pathways to reentry;
(viii) eliminating discriminatory enrollment, housing, transportation, and other policies that lead to racial and socioeconomic segregation among and within schools;
(ix) ensuring equitable access to educational resources, professionals, and technology, including by addressing racial disparities in school funding and expenditures;
(x) breaking down barriers that impede the access of higher education institutions that serve Hispanic and Latino students, such as HSIs, to Federal funding, and strengthening the capacity of those institutions to participate in Federal programs and partnerships;
(xi) advancing racial equity and economic opportunity by connecting education to labor market needs through programs such as dual enrollment, career and technical education, registered apprenticeships, work-based learning, and career advancement, particularly in the fields of science, technology, engineering, and mathematics; and
(xii) ensuring that Hispanic and Latino communities have access to resources for economic success, such as in the areas of financial education, small business development, entrepreneurship, arts, science, technology, engineering, and mathematics.
(c) In working to fulfill its mission and objectives, the Initiative shall, consistent with applicable law:
(i) identify and promote evidence-based best practices that can provide Hispanic and Latino students with a rigorous and well-rounded education in safe and healthy environments, as well as access to support services, that will improve their educational, professional, economic, and civic opportunities;
(ii) advance and coordinate efforts to ensure equitable opportunities for Hispanic and Latino students in the re-opening process for schools across the country, and take steps to ensure that Hispanic and Latino students, from early childhood to post-secondary education, can equitably recover from learning losses and other challenges faced during the COVID–19 pandemic;
(iii) encourage and develop partnerships with a national network of early childhood and early intervention providers, schools, institutions of higher education, and other public, private, philanthropic, and nonprofit stakeholders to improve access to educational equity and economic opportunities for Hispanics and Latinos;
(iv) monitor and support the development, implementation, and coordination of Federal Government educational, workforce, research, and business development policies, programs, and technical assistance designed to improve outcomes for historically underserved communities, including Hispanics and Latinos;
(v) work closely with the Executive Office of the President on key Administration priorities related to education, equity, and economic opportunity for Hispanics and Latinos; and
(vi) advise the Secretary on issues of importance and policies relating to educational equity, excellence, and economic opportunity for Hispanics and Latinos.
(d) The Initiative shall establish a Federal Interagency Working Group, which shall be convened by the Executive Director and shall support the efforts of the Initiative. The Interagency Working Group shall collaborate regarding resources and opportunities available across the Federal Government to increase educational and economic opportunities for Hispanics and Latinos.
(i) The Interagency Working Group shall consist of senior officials (designated by the heads of their respective departments, agencies, and offices) from the following:
(A) the Department of State;
(B) the Department of the Treasury;
(C) the Department of Defense;
(D) the Department of Justice;
(E) the Department of the Interior;
(F) the Department of Agriculture;
(G) the Department of Commerce;
(H) the Department of Labor;
(I) the Department of Health and Human Services;
(J) the Department of Housing and Urban Development;
(K) the Department of Transportation;
(L) the Department of Energy;
(M) the Department of Education;
(N) the Department of Veterans Affairs;
(O) the Department of Homeland Security;
(P) the White House Office of Management and Budget;
(Q) the White House Office of Science and Technology Policy;
(R) the Small Business Administration;
(S) the White House Domestic Policy Council;
(T) the White House Gender Policy Council;
(U) the White House Office of Public Engagement;
(V) the National Science Foundation;
(W) the National Aeronautics and Space Administration;
(X) the United States Agency for International Development; and
(Y) such additional executive departments, agencies, and offices as the Secretary may designate.
(ii) The Executive Director may establish subgroups of the Interagency Working Group to focus on different aspects of the educational system (such as HSIs, early childhood education, kindergarten through 12th grade education, children and adults with disabilities, teacher diversity, higher education, career and technical education, adult education, or correctional education and reengagement), economic opportunity (work-based learning, entrepreneurship, financial education, or mentorship) or educational challenges facing particular populations.
(e) Each executive department and agency (agency) designated to participate in the Interagency Working Group shall prepare a plan (Agency Plan) outlining measurable actions the agency will take to advance educational equity and economic opportunity for Hispanic and Latino communities, including their plans to implement the policy goals and directives outlined in section 2(b) of this order and other relevant work. These plans shall be submitted to the Chair on a date established by the Chair.
(i) As appropriate, each Agency Plan shall include:
(A) a description of the applicable agency's efforts to ensure that Federal programs and initiatives administered by the Department and other agencies are meeting the educational needs of Hispanics and Latinos, including by encouraging the agency to incorporate best practices into appropriate discretionary programs where the agency sees fit and as permitted by law;
(B) a description of how the applicable agency has and will decrease barriers to participation of Hispanics and Latinos in Federal employment and student engagement opportunities;
(C) a description of how the applicable agency can address challenges facing Hispanic and Latino students and higher education institutions that serve Hispanic and Latino students, such as HSIs, brought on by or exacerbated by the COVID–19 pandemic;
(D) a description of how the agency's Office of Civil Rights, if applicable, can address discriminatory policies and practices that limit educational and economic opportunity for Hispanics and Latinos;
(E) any other information the applicable agency determines is relevant to promoting educational opportunities for Hispanics and Latinos; and
(F) any additional criteria established by the Chair or the Initiative.
(ii) Each agency shall assess and report to the Chair on their progress in implementing the Agency Plan on a regular basis as established by the Chair.
(iii) The Initiative shall monitor and evaluate each agency's progress towards the goals established in its Agency Plan and shall coordinate with the agency to ensure that its Plan includes measurable and action-oriented goals.
(f) The Department shall provide funding and administrative support for the Initiative and the Interagency Working Group, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (
(g) To advance shared priorities and policies that advance equity and economic opportunity for underserved communities, the Initiative shall collaborate and coordinate with other White House Initiatives related to equity and opportunity.
(h) On an annual basis, the Chair shall report to the President on the Initiative's progress in carrying out its mission and function under this order.
(b) The Commission shall provide advice to the President through the Secretary on matters pertaining to educational equity and economic opportunity for the Hispanic and Latino community, including:
(i) what is needed for the development, implementation, and coordination of educational programs and initiatives at the Department and other agencies to improve educational opportunities and outcomes for Hispanics and Latinos;
(ii) how to promote career pathways for in-demand jobs for Hispanic and Latino students, including registered apprenticeships, internships, fellowships, mentorships, and work-based learning initiatives;
(iii) ways to strengthen the capacity of institutions, such as HSIs, to equitably serve Hispanic and Latino students and increase the participation of Hispanic and Latino students, Hispanic-serving school districts, and the Hispanic community in the programs of the Department and other agencies;
(iv) how to increase public awareness of and generate solutions for the educational and training challenges and equity disparities that Hispanic and Latino students face and the causes of these challenges; and
(v) approaches to establish local and national partnerships with public, private, philanthropic, and nonprofit stakeholders to advance the mission and objectives of this order, consistent with applicable law.
(c) The Commission shall periodically report to the President, through the Secretary and after consulting with the Executive Director, on progress in addressing the mission of the Commission.
(d) The Commission shall consist of not more than 21 members appointed by the President. The Commission may include individuals with relevant experience or subject matter expertise, as well as individuals who may serve as representatives from a variety of sectors, including education (early childhood education, elementary and secondary education, higher education, career and technical education, and adult education), labor organizations, research institutions, public and private philanthropic organizations, private sector, nonprofit, and community-based organizations at the national, State, Tribal, regional, or local levels. Commission members should be able to provide specific insight into the lived experiences of those served by the Initiative, including young adults, and have diversity across the diaspora and the geography of the country.
(i) The President shall designate one member of the Commission to serve as its Chair. The Chair, in consultation with the Executive Director, shall convene regular meetings of the Commission, determine the Commission meeting agenda, and support the work of the Commission, consistent with this order.
(ii) The Commission shall meet on a regular basis, and at least twice a year.
(e) The Department shall provide funding and administrative support for the Commission, to the extent permitted by law and within existing appropriations. Members of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (
(f) The Commission shall terminate 2 years from the date of this order [Sept. 13, 2021], unless extended by the President.
(b) The heads of agencies shall assist and provide information to the Initiative and Commission established in this order, consistent with applicable law, as may be necessary to carry out the functions of the Initiative and Commission.
(c) Each agency shall bear its own expenses of participating in the Initiative established in this order.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
Extension of Term of Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics
Term of Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under
Previous extension of term of Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics was contained in the following prior Executive Order:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 14050. White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans
Ex. Ord. No. 14050, Oct. 19, 2021, 86 F.R. 58551, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Over the course of America's history, Black Americans have helped to build, strengthen, and lead our Nation towards becoming a more perfect Union. Although for far too long, Black Americans were denied even the most basic access to education, the vital contributions of Black Americans in the fields of science, academia, business, and public service, among others, are a testament to the resilience of Black Americans and the steps our Nation has taken to expand access to education and opportunity.
In spite of this progress, entrenched disparities continue to plague America's education system, holding far too many Black students back from achieving their full potential. Because of persistent racial and systemic injustices in our Nation, Black students remain more likely to attend high-poverty and racially segregated schools than White students. Black students are inequitably disciplined and suspended from school at disproportionately higher rates than White students for similar offenses. In addition, Black students too often face limited access to advanced and college-preparatory courses. Systemic racial disparities in education negatively impact learning outcomes for Black students and many face persistent gaps in reading and mathematics achievement. Studies show that school districts with high concentrations of Black students are much more likely to be underfunded than districts where a majority of students are White, and face much wider funding gaps, with an average deficit of more than $5,000 per student. Black students are still below the national average for educational attainment in high school, and that gap is even higher for college attainment rates, as 26 percent of Black Americans ages 25 and older have attained a bachelor's degree, while the national average is 36 percent. Black students also face unique challenges at the intersection of race and gender. Barriers to equity in education can compound for Black students who are also LGBTQ+ students, English-language learners, Dreamers, or students with disabilities.
These disparities result in long-standing college and postsecondary educational attainment gaps that affect life outcomes and access to opportunities. Although student populations are becoming increasingly diverse, Black teachers remain significantly underrepresented in our Nation's classrooms. Educational inequities have only widened throughout the COVID–19 pandemic, as Black students are more likely to experience remote learning challenges and greater learning loss as compared to their White peers. The persistent digital divide faced by some Black students has contributed to this disparity. It is a priority of my Administration to ensure an equitable recovery from COVID–19, and to provide all students with a successful return to the classroom.
In the face of these historic and present-day inequities in our Nation's schools, Black students continue to persevere. Black students and scholars today are breaking the barriers confronted by generations who came before. Our Nation's schools and communities are irrefutably strengthened by the success, scholarship, and tenacity of Black students of all ages. But our Nation must go further to finally root out systemic barriers in our schools.
Additionally, these barriers are present not just in the classroom, but also in the workplace. Black Americans face systemic obstacles to getting good jobs, gaps in wages and promotion, and higher incidences of reported workplace discrimination than White workers. Eliminating these inequities requires expanding access to work-based learning and leadership opportunities, including mentorships, sponsorships, internships, and registered apprenticeships that provide not only career guidance, but also the experience needed to navigate and excel in successful careers. In order for our Nation to equitably recover from the COVID–19 crisis, and to ensure that every Black person in America has a fair shot at the American dream, we must advance equity and excellence in public education and access to economic opportunities.
It is the policy of my Administration to advance educational equity, excellence, and economic opportunity for Black Americans and communities from early childhood until their chosen career.
(b) The Initiative shall advance educational equity and economic opportunity for Black students, families, and communities by focusing on the following policy goals:
(i) increasing general understanding of systemic causes of educational challenges faced by many Black students, whether these students are in urban, suburban, rural, or migrant learning environments, and working across executive departments and agencies (agencies) to address these challenges;
(ii) increasing Black children's and families' access to and participation in high-quality early childhood programs and services that promote children's healthy development and learning, prepare them for success in school, and affirm their cultural identity;
(iii) addressing the inequitable treatment of Black children, such as eradicating discriminatory referrals to special education and excessive disciplinary actions;
(iv) supporting and improving data collection related to Black students and the implementation of evidence-based strategies to increase the participation and success of Black students in all levels of education and prepare them for careers and civic engagement;
(v) ensuring that all Black students have access to excellent teachers, school leaders, and other professionals, including by supporting efforts to improve the recruitment, preparation, development, and retention of qualified, diverse teachers and school leaders and other professionals who understand students' lived experiences and can effectively meet their learning, social, and emotional needs;
(vi) enhancing student support services and fostering positive engagement among schools, families, community leaders, and community-based organizations to increase the high school graduation and post-secondary attendance rates and decrease the high school dropout rate for Black students;
(vii) promoting a positive school climate that supports equitable access to and participation in college-readiness, advanced placement courses, and internship opportunities, as well as innovative dropout prevention and recovery strategies that better engage Black youth in their learning, help them progress academically as needed, and provide those who have left the educational system with pathways to reentry;
(viii) eliminating discriminatory enrollment, housing, transportation, and other policies that lead to racial and socioeconomic segregation among and within schools;
(ix) ensuring equitable access to educational resources, professionals, and technology, including by addressing racial disparities in school funding and expenditures;
(x) breaking down barriers that impede the access of higher education institutions that serve Black students, such as Predominantly Black Institutions (PBIs) and Historically Black Colleges and Universities (HBCUs), to Federal funding, and strengthening the capacity of those institutions to participate in Federal programs and partnerships;
(xi) advancing racial equity and economic opportunity by connecting education to labor market needs through programs such as dual enrollment, career and technical education, registered apprenticeships, work-based learning, and career advancement, particularly in the fields of science, technology, engineering, and mathematics; and
(xii) ensuring that Black communities have access to resources for economic success, such as in the areas of financial education, small business development, entrepreneurship, arts, science, technology, engineering, and mathematics.
(c) In working to fulfill its mission and objectives, the Initiative shall, consistent with applicable law:
(i) identify and promote evidence-based best practices that can provide Black students with a rigorous and well-rounded education in safe and healthy environments, as well as access to support services, that will improve their educational, professional, economic, and civic opportunities;
(ii) advance and coordinate efforts to ensure equitable opportunities for Black students in the re-opening process for schools across the country, and take steps to ensure that Black students, from early childhood to post-secondary education, can equitably recover from learning losses and other challenges faced during the COVID–19 pandemic;
(iii) encourage and develop partnerships with a national network of early childhood and early intervention providers, schools, institutions of higher education, and other public, private, philanthropic, and nonprofit stakeholders to improve access to educational equity and economic opportunities for Black Americans;
(iv) monitor and support the development, implementation, and coordination of Federal Government educational, workforce, research, and business development policies, programs, and technical assistance designed to improve outcomes for historically underserved communities, including Black Americans;
(v) work closely with the Executive Office of the President on key Administration priorities related to education, equity, and economic opportunity for Black Americans; and
(vi) advise the Secretary on issues of importance to Black Americans and policies relating to educational equity, excellence, and economic opportunity for Black Americans.
(d) There is established a Federal Interagency Working Group, which shall be convened by the Executive Director and shall support the efforts of the Initiative. The Interagency Working Group shall collaborate regarding resources and opportunities available across the Federal Government to increase educational and economic opportunities for Black Americans.
(i) The Interagency Working Group shall consist of senior officials (designated by the heads of their respective departments, agencies, and offices) from the following:
(A) the Department of State;
(B) the Department of the Treasury;
(C) the Department of Defense;
(D) the Department of Justice;
(E) the Department of the Interior;
(F) the Department of Agriculture;
(G) the Department of Commerce;
(H) the Department of Labor;
(I) the Department of Health and Human Services;
(J) the Department of Housing and Urban Development;
(K) the Department of Transportation;
(L) the Department of Energy;
(M) the Department of Education;
(N) the Department of Veterans Affairs;
(O) the Department of Homeland Security;
(P) the White House Office of Management and Budget;
(Q) the White House Office of Science and Technology Policy;
(R) the Small Business Administration;
(S) the White House Domestic Policy Council;
(T) the White House Gender Policy Council;
(U) the White House Office of Public Engagement;
(V) the National Science Foundation;
(W) the National Aeronautics and Space Administration;
(X) the United States Agency for International Development; and
(Y) such additional executive departments, agencies, and offices as the Secretary may designate.
(ii) The Executive Director may establish subgroups of the Interagency Working Group to focus on different aspects of the educational system (such as PBIs and HBCUs, early childhood education, kindergarten through 12th grade education, children and adults with disabilities, teacher diversity, higher education, career and technical education, adult education, or correctional education and reengagement), economic opportunity (work-based learning, entrepreneurship, financial education, or mentorship), or educational challenges facing particular populations.
(e) Each agency designated to participate in the Interagency Working Group shall prepare a plan (Agency Plan) outlining measurable actions the agency will take to advance educational equity and economic opportunity for Black communities, including their plans to implement the policy goals and directives outlined in section 2(b) of this order and other relevant work. These plans shall be submitted to the Chair of the Initiative on a date established by the Chair.
(i) As appropriate, each Agency Plan shall include:
(A) a description of the applicable agency's efforts to ensure that Federal programs and initiatives administered by the Department and other agencies are meeting the educational needs of Black Americans, including efforts to incorporate best practices into appropriate discretionary programs where the agency sees fit and as permitted by law;
(B) a description of how the applicable agency has and will decrease barriers to participation of Black Americans in Federal employment and student engagement opportunities;
(C) a description of how the applicable agency can address challenges facing Black students and higher education institutions that serve Black students, such as PBIs and HBCUs, brought on by or exacerbated by the COVID–19 pandemic;
(D) a description of how the agency's Office of Civil Rights, if applicable, can address discriminatory policies and practices that limit educational and economic opportunity for Black Americans;
(E) any other information the applicable agency determines is relevant to promoting educational opportunities for Black Americans; and
(F) information addressing any additional criteria established by the Chair or the Initiative.
(ii) Each agency shall assess and report to the Chair on their progress in implementing the Agency Plan on a regular basis as established by the Chair.
(iii) The Initiative shall monitor and evaluate each agency's progress towards the goals established in its Agency Plan and shall coordinate with the agency to ensure that its Plan includes measurable and action-oriented goals.
(f) The Department shall provide funding and administrative support for the Initiative and the Interagency Working Group, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (
(g) To advance shared priorities and policies that advance equity and economic opportunity for underserved communities, the Initiative shall collaborate and coordinate with other White House Initiatives related to equity and opportunity.
(h) On an annual basis, the Chair shall report to the President on the Initiative's progress in carrying out its mission and function under this order.
(b) The Commission shall provide advice to the President through the Secretary on matters pertaining to educational equity and economic opportunity for the Black community, including:
(i) what is needed for the development, implementation, and coordination of educational programs and initiatives at the Department and other agencies to improve educational opportunities and outcomes for Black Americans;
(ii) how to promote career pathways for in-demand jobs for Black students, including registered apprenticeships, internships, fellowships, mentorships, and work-based learning initiatives;
(iii) how to increase public awareness of and generate solutions for the educational and training challenges and equity disparities that Black Americans face and the causes of these challenges; and
(iv) approaches to establish local and national partnerships with public, private, philanthropic, and nonprofit stakeholders to advance the mission and objectives of this order, consistent with applicable law.
(c) The Commission shall periodically report to the President, through the Secretary and after consulting with the Executive Director, on progress in addressing the mission of the Commission.
(d) The Commission shall consist of not more than 21 members appointed by the President. The Commission may include individuals with relevant experience or subject matter expertise, as well as individuals who may serve as representatives from a variety of sectors, including education (early childhood education, elementary and secondary education, higher education, career and technical education, and adult education), labor organizations, research institutions, public and private philanthropic organizations, private sector, nonprofit, and community-based organizations at the national, State, Tribal, regional, or local levels. Commission members should be able to provide specific insight into the lived experiences of those served by the Initiative, including young adults, and have diversity across the Black diaspora and the geography of the country.
(i) The President shall designate one member of the Commission to serve as its Chair. The Chair, in consultation with the Executive Director, shall convene regular meetings of the Commission, determine the Commission meeting agenda, and support the work of the Commission, consistent with this order.
(ii) The Commission shall meet on a regular basis, and at least twice a year.
(e) The Department shall provide funding and administrative support for the Commission, to the extent permitted by law and within existing appropriations. Members of the Commission shall serve without compensation but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government service (
(f) The Commission shall terminate 2 years from the date of this order [Oct. 19, 2021], unless extended by the President.
(b) The heads of agencies shall assist and provide information to the Initiative and the Commission established in this order, consistent with applicable law, as may be necessary to carry out the functions of the Initiative and the Commission.
(c) Each agency shall bear its own expenses of participating in the Initiative established in this order.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
Extension of Term of Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans
Term of Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under
Creating and Expanding Ladders of Opportunity for Boys and Young Men of Color
Memorandum of President of the United States, Feb. 27, 2014, 79 F.R. 12923, as amended by Memorandum of President of the United States, §1, Jan. 13, 2017, 82 F.R. 7623, provided:
Memorandum for the Heads of Executive Departments and Agencies
Over the course of my Administration, we have made consistent progress on important goals such as reducing high school dropout rates and lowering unemployment and crime. Yet as the Congress, State and local governments, research institutions, and leading private-sector organizations have all recognized, persistent gaps in employment, educational outcomes, and career skills remain for many boys and young men of color throughout their lives.
Many boys and young men of color will arrive at kindergarten less prepared than their peers in early language and literacy skills, leaving them less likely to finish school. Labor-force participation rates for young men of color have dropped, and far too many lack the skills they need to succeed. The disproportionate number of African American and Hispanic young men who are unemployed or involved in the criminal justice system undermines family and community stability and is a drag on State and Federal budgets. And, young men of color are far more likely to be victims of murder than their white peers, accounting for almost half of the country's murder victims each year. These outcomes are troubling, and they represent only a portion of the social and economic cost to our Nation when the full potential of so many boys and young men is left unrealized.
By focusing on the critical challenges, risk factors, and opportunities for boys and young men of color at key life stages, we can improve their long-term outcomes and ability to contribute to the Nation's competiveness, economic mobility and growth, and civil society. Unlocking their full potential will benefit not only them, but all Americans.
Therefore, I am establishing the Task Force on Improving the Lives of Boys and Young Men of Color and Underserved Youth, an interagency effort to improve measurably the expected educational and life outcomes for and address the persistent opportunity gaps faced by boys and young men of color. The Task Force will help us determine the public and private efforts that are working and how to expand upon them, how the Federal Government's own policies and programs can better support these efforts, and how to better involve State and local officials, the private sector, and the philanthropic community.
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following:
(i) the Attorney General;
(ii) the Secretary of Agriculture;
(iii) the Secretary of Commerce;
(iv) the Secretary of Defense;
(v) the Secretary of Education;
(vi) the Secretary of Energy;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Housing and Urban Development;
(ix) the Secretary of the Interior;
(x) the Secretary of Labor;
(xi) the Secretary of Transportation;
(xii) the Director of the Office of Management and Budget;
(xiii) the Chair of the Council of Economic Advisers;
(xiv) the Director of the Office of Personnel Management;
(xv) the Administrator of the Small Business Administration;
(xvi) the Chair of the Equal Employment Opportunity Commission;
(xvii) the Chief Executive Officer of the Corporation for National and Community Service;
(xviii) the Director of the National Science Foundation;
(xix) the Assistant to the President for Intergovernmental Affairs and Public Engagement;
(xx) the Director of the Domestic Policy Council;
(xxi) the Director of the National Economic Council;
(xxii) the Director of the Office of Science and Technology Policy; and
(xxiii) the heads of such other executive departments, agencies, and offices as the Chair may, from time to time, designate.
(b) A member of the Task Force may designate a senior-level official who is from the member's department, agency, or office, and is a full-time officer or employee of the Federal Government, to perform the day-to-day Task Force functions of the member. At the direction of the Chair, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees under this subsection, as appropriate.
(c) The Deputy Secretary of Education shall serve as Executive Director of the Task Force, determine its agenda, convene regular meetings of the Task Force, and supervise its work under the direction of the Chair. The Department of Education shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations. Each executive department or agency shall bear its own expenses for participating in the Task Force.
(i) develop a comprehensive public Web site, to be maintained by the Department of Education as appropriate, that will assess, on an ongoing basis and in consultation with the Office of Management and Budget, including the Office of the Chief Statistician of the United States, as appropriate, critical indicators of life outcomes for boys and young men of color (and other ethnic, income, and relevant subgroups) in absolute and relative terms;
(ii) assess the impact of Federal policies, regulations, and programs of general applicability on boys and young men of color, so as to develop proposals that will enhance positive outcomes and eliminate or reduce negative ones;
(iii) create an Administration-wide, online public portal to identify and disseminate successful programs and practices that improve outcomes for boys and young men of color;
(iv) recommend, where appropriate, incentives for the broad adoption by national, State, and local public and private decisionmakers of effective and innovative strategies and practices for providing opportunities to and improving outcomes for boys and young men of color;
(v) consistent with applicable privacy laws and regulations, provide relevant Federal data assets and expertise to public and private efforts to increase opportunities and improve life outcomes for boys and young men of color and underserved youth, and explore ways to coordinate with State and local governments and non-governmental actors with useful data and expertise;
(vi) ensure coordination with other Federal interagency groups and relevant public-private initiatives;
(vii) work with external stakeholders to highlight the opportunities, challenges, and efforts affecting boys and young men of color and underserved youth; and
(viii) recommend to the President means of ensuring sustained efforts within the Federal Government and continued partnership with the private sector and philanthropic community as set forth in this memorandum.
(b) The Task Force shall focus on evidence-based intervention points and issues facing boys and young men of color up to the age of 25, with a particular focus on issues important to young men under the age of 15. Specifically, the Task Force shall focus on the following issues, among others: access to early childhood supports; grade school literacy; pathways to college and a career, including issues arising from school disciplinary action; access to mentoring services and support networks; and interactions with the criminal justice system and violent crime.
(c) Within 30 days of the date of this memorandum, each member of the Task Force shall provide recommended indicators of life outcomes for the public Web site described in subsection (a)(i) of this section, and a plan for providing data on such indicators.
(d) Within 45 days of the date of this memorandum, each member of the Task Force shall identify any relevant programs and data-driven assessments within the member's department or agency for consideration in the portal described in subsection (a)(iii) of this section.
(e) Within 90 days of the date of this memorandum, the Task Force shall provide the President with a report on its progress and recommendations with respect to the functions set forth in subsection (a) of this section. Additionally, the Task Force shall provide, within 1 year of the date of this memorandum, a status report to the President regarding the implementation of this memorandum.
(f) The Task Force shall also provide a status report to the President regarding the implementation of this memorandum at least once each calendar year. In addition, every 2 years, the Task Force shall review the recommendations from the 90-day report, determine whether updated recommendations should be sent to the President, and evaluate whether the set of critical indicators of life outcomes should be updated.
(i) the authority granted by law or Executive Order to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Education is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§3412. Principal officers
(a) Deputy Secretary of Education
(1) There shall be in the Department a Deputy Secretary of Education who shall be appointed by the President, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Deputy 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 Deputy Secretary or in the event of vacancies in both of those offices.
(2)(A) The Deputy Secretary shall have responsibility for the conduct 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, programs, and procedures of the States and the local school systems and other instrumentalities of the States, and (ii) that appropriate officials 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 differences over education policies, programs, and procedures and concerning 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 Deputy 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 Deputy Secretary determines, after consultation with the appropriate Federal department or agency, that such a conflict does exist, the Deputy Secretary shall report such conflict or conflicts to the appropriate Federal department or agency together with recommendations for the correction of the conflict.
(b) Assistant Secretaries and General Counsel
(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 Career, Technical, and Adult Education;
(D) an Assistant Secretary for Special Education and Rehabilitative Services;
(E) an Assistant Secretary for Civil Rights; and
(F) 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.
(3) There shall be in the Department, a Special Assistant for Gender Equity who shall be appointed by the Secretary. The Special Assistant shall promote, coordinate, and evaluate gender equity programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special Assistant shall advise the Secretary and Deputy Secretary on all matters relating to gender equity.
(4) There shall be in the Department a Director of the Institute of Education Sciences who shall be appointed in accordance with section 114(a) of the Education Sciences Reform Act of 2002 [
(c) Inspector General
There shall be in the Department an Inspector General appointed in accordance with
(d) Under Secretary of Education
There may be in the Department an Under Secretary of Education who shall perform such functions as the Secretary may prescribe. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(e) Additional officers
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. Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to 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 participation 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.
(f) Statements of functions of nominees
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) Supervision by Secretary
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.
(h) Coordination of literacy related functions by Assistant Secretary for Career, Technical, and Adult Education
The Assistant Secretary for Career, Technical, and Adult Education, in addition to performing such functions as the Secretary may prescribe, shall have responsibility for coordination of all literacy related programs and policy initiatives in the Department. The Assistant Secretary for Career, Technical, and Adult Education shall assist in coordinating the related activities and programs of other Federal departments and agencies.
(i) Liaison for Community and Junior Colleges
(1) There shall be in the Department a Liaison for Community and Junior Colleges, who shall be an officer of the Department appointed by the Secretary.
(2) The Secretary shall appoint, not later than 6 months after July 23, 1992, as the Liaison for Community and Junior Colleges a person who—
(A) has attained an associate degree from a community or junior college; or
(B) has been employed in a community or junior college setting for not less than 5 years.
(3) The Liaison for Community and Junior Colleges shall—
(A) serve as principal advisor to the Secretary on matters affecting community and junior colleges;
(B) provide guidance to programs within the Department dealing with functions affecting community and junior colleges; and
(C) work with the Federal Interagency Committee on Education to improve coordination of—
(i) the outreach programs in the numerous Federal departments and agencies that administer education and job training programs;
(ii) collaborative business education partnerships; and
(iii) education programs located in, and regarding, rural areas.
(
Editorial Notes
References in Text
The Education Sciences Reform Act of 2002, referred to in subsec. (b)(4), is title I of
Amendments
2022—Subsec. (c).
2014—Subsec. (b)(1)(C).
Subsec. (h).
2012—Subsec. (e).
2002—Subsec. (b)(4).
"(A) appointed by the President, by and with the consent of the Senate; and
"(B) selected (giving due consideration to recommendations from the National Educational Research Policy and Priorities Board) from among individuals who—
"(i) are distinguished educational researchers or practitioners;
"(ii) have proven management ability; and
"(iii) have substantial knowledge of education within the United States."
Subsec. (b)(3), (4).
1994—Subsec. (b)(1)(E) to (G).
Subsec. (b)(3).
1992—Subsec. (i).
1991—Subsecs. (d), (e).
Subsec. (h).
1990—Subsec. (a).
1985—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1991 Amendment
"(a)
"(b)
Effective Date of 1990 Amendment
Amendment by
§3413. Office for Civil Rights
(a) Establishment; administration; delegation of functions
There shall be in the Department an Office for Civil Rights, to be administered by the Assistant Secretary for Civil Rights appointed under
(b) Compliance and enforcement reports; copies submitted to Secretary
(1) The Assistant Secretary for Civil Rights shall make an annual report to the Secretary, the President, and the Congress summarizing the compliance and enforcement activities of the Office 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) Authority of Assistant Secretary
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 governing appointments in the competitive service and the provisions of
(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 payments as may be necessary to carry out the compliance and enforcement functions of such Office; and
(4) notwithstanding any other provision of this chapter, to obtain services as authorized by
(
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (b)(1) of this section relating to making an annual report to Congress, see section 3003 of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§3414. Office of Elementary and Secondary Education; inclusion of Office of Migrant Education
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
(
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in text, is
The Higher Education Act of 1965, referred to in text, is
Amendments
1994—
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§3415. Office of Postsecondary Education
(a) There shall be in the Department an Office of Postsecondary Education, to be administered by the Assistant Secretary for Postsecondary Education appointed under
(b) The Assistant Secretary for Postsecondary Education shall appoint a Deputy Assistant Secretary for International and Foreign Language Education to perform such functions affecting postsecondary, international, and foreign language education as the Secretary may prescribe. The Deputy Assistant Secretary for International and Foreign Language Education shall—
(1) be an individual with extensive background and experience in international and foreign language education;
(2) have responsibility for encouraging and promoting the study of foreign languages and the study of the cultures of other countries at the elementary, secondary, and postsecondary levels in the United States; and
(3) coordinate with related international and foreign language education programs of other Federal agencies.
(
Editorial Notes
Amendments
2008—
§3416. Office of Career, Technical, and Adult Education
There shall be in the Department an Office of Career, Technical, and Adult Education, to be administered by the Assistant Secretary for Career, Technical, and Adult Education appointed under
(
Editorial Notes
Amendments
2014—
§3417. Office of Special Education and Rehabilitative Services
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 Services appointed under
(
§3418. Repealed. Pub. L. 99–145, title XII, §1204(a)(1), Nov. 8, 1985, 99 Stat. 720
Section,
§3419. Institute of Education Sciences
There shall be in the Department of Education the Institute of Education Sciences, which shall be administered in accordance with the Education Sciences Reform Act of 2002 [
(
Editorial Notes
References in Text
The Education Sciences Reform Act of 2002, referred to in text, is title I of
Prior Provisions
A prior section 3419,
A prior section 208 of
§3420. Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students
There shall be in the Department an Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, to be administered by a Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, 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.
(
Editorial Notes
Prior Provisions
A prior section 209 of
Amendments
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
§3421. Office of General Counsel
There shall be in the Department an Office of General Counsel, to be administered by the General Counsel appointed under
(
Editorial Notes
Prior Provisions
A prior section 210 of
§3422. Office of Inspector General
There shall be in the Department an Office of Inspector General, established in accordance with
(
Editorial Notes
Prior Provisions
A prior section 211 of
Amendments
2022—
§3423. Repealed. Pub. L. 101–392, title VI, §602(a)(1), Sept. 25, 1990, 104 Stat. 840
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective July 1, 1991, see section 702(a) of
§3423a. Office of Correctional Education
(a) Findings
The Congress finds and declares that—
(1) education is important to, and makes a significant contribution to, the readjustment of incarcerated individuals to society; and
(2) there is a growing need for immediate action by the Federal Government to assist State and local educational programs for criminal offenders in correctional institutions.
(b) Statement of purpose
It is the purpose of this subchapter to encourage and support educational programs for criminal offenders in correctional institutions.
(c) Establishment of Office
The Secretary of Education shall establish within the Department of Education an Office of Correctional Education.
(d) Functions of Office
The Secretary, through the Office of Correctional Education established under subsection (c) of this section, shall—
(1) coordinate all correctional education programs within the Department of Education;
(2) provide technical support to State and local educational agencies and schools funded by the Bureau of Indian Affairs on correctional education programs and curricula;
(3) provide an annual report to the Congress on the progress of the Office of Correctional Education and the status of correctional education in the United States;
(4) cooperate with other Federal agencies carrying out correctional education programs to ensure coordination of such programs;
(5) consult with, and provide outreach to, State directors of correctional education and correctional educators; and
(6) collect from States a sample of information on the number of individuals who complete a vocational education sequence, earn a high school degree or general equivalency diploma, or earn a postsecondary degree while incarcerated and the correlation with job placement, job retention, and recidivism.
(e) Definitions
As used in this section—
(1) the term "criminal offender" means any individual who is charged with or convicted of any criminal offense, including a youth offender or a juvenile offender;
(2) the term "correctional institution" means any—
(A) prison,
(B) jail,
(C) reformatory,
(D) work farm,
(E) detention center, or
(F) halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders; and
(3) the term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.
(
Editorial Notes
Prior Provisions
A prior section 212 of
Amendments
1994—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
"(a)
"(b)
§3423b. Office of Non-Public Education
There shall be in the Department an Office of Non-Public Education to ensure the maximum potential participation of non-public school students in all Federal educational programs for which such students are eligible.
(
Editorial Notes
Prior Provisions
A prior section 214 of
Another prior section 214 of
§3423c. Office of Indian Education
(a) Office of Indian Education
There shall be an Office of Indian Education (referred to in this section as "the Office") in the Department of Education.
(b) Director
(1) Appointment and reporting
The Office shall be under the direction of the Director, who shall be appointed by the Secretary and who shall report directly to the Assistant Secretary for Elementary and Secondary Education.
(2) Duties
The Director shall—
(A) be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 [
(B) be involved in, and be primarily responsible for, the development of all policies affecting Indian children and adults under programs administered by the Office of Elementary and Secondary Education;
(C) coordinate the development of policy and practice for all programs in the Department relating to Indian persons; and
(D) assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities related to the education of Indian persons.
(c) Indian preference in employment
(1) In general
The Secretary shall give a preference to Indian persons in all personnel actions in the Office.
(2) Implementation
Such preference shall be implemented in the same fashion as the preference given to any veteran under
(
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(A), is
Prior Provisions
A prior section 215 of
Provisions similar to those in this section were contained in
Amendments
2015—Subsec. (b)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Office of Educational Research and Improvement
The Office of Educational Research and Improvement was established by
§3423d. Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students
(a) Establishment
There shall be, in the Department, an Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students through which the Secretary shall carry out functions relating to bilingual education.
(b) Director
(1) In general
The Office shall be headed by a Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, appointed by the Secretary, to whom the Secretary shall delegate all delegable functions relating to bilingual education. The Director shall also be assigned responsibility for recommending improvements and providing technical assistance to other Federal programs serving language-minority and limited-English-proficient students and their families and for assisting the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities which reflect the needs of language-minority and limited-English language proficient students.
(2) Organization
The Office shall be organized as the Director determines to be appropriate in order to carry out such functions and responsibilities effectively.
(3) Inclusion
The Secretary shall ensure that limited-English-proficient and language-minority students are included in ways that are valid, reliable, and fair under all standards and assessment development conducted or funded by the Department.
(
Editorial Notes
Codification
Another section 216 of
Amendments
2002—
Subsec. (a).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Office of Educational Research and Improvement
The Office of Educational Research and Improvement was established by
§3424. Federal Interagency Committee on Education
(a) Establishment and function
There is established a Federal Interagency Committee on Education (hereafter referred to in this section as the "Committee"). The Committee shall assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal departments and agencies are fully coordinated.
(b) Coordination of Federal programs, policies and practices
The Committee shall study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting education, including—
(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 collection 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 chapter;
(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) Membership
The Committee shall be composed of the Secretary, who shall chair the Committee, and senior policy making officials from those Federal agencies, commissions, and boards that the President may find appropriate.
(d) Designation of additional persons to attend meetings
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) Federal vocational education and training programs study; report
The Committee shall conduct a study concerning the progress, 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 the Secretary and the Congress within two years of October 17, 1979.
(f) Required meetings; establishment of subcommittees
The Committee shall meet at least twice each year. The Secretary may establish subcommittees of the Committee to facilitate coordination in important areas of Federal activity.
(g) Support assistance
The Secretary and the head of each agency represented on the Committee under subsection (c) shall furnish necessary assistance to the Committee.
(
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See
§3425. Office of Educational Technology
(a) Establishment
There shall be in the Department of Education an Office of Educational Technology (hereafter in this section referred to as the "Office"), to be administered by the Director of Educational Technology. The Director of Educational Technology shall report directly to the Secretary and shall perform such additional functions as the Secretary may prescribe.
(b) Director
The Director of the Office of Educational Technology (hereafter in this section referred to as the "Director"), through the Office, shall—
(1) in support of the overall national technology policy and in consultation with other Federal departments or agencies which the Director determines appropriate, provide leadership to the Nation in the use of technology to promote achievement of the National Education Goals and to increase opportunities for all students to achieve State content and challenging State student performance standards;
(2) review all programs and training functions administered by the Department and recommend policies in order to promote increased use of technology and technology planning throughout all such programs and functions;
(3) review all relevant programs supported by the Department to ensure that such programs are coordinated with and support the national long-range technology plan developed pursuant to section 5862(b) 1 of this title; and
(4) perform such additional functions as the Secretary may require.
(c) Officers and employees
The Director is authorized to select, appoint, and employ such officers and employees as may be necessary to carry out the functions of the Office, subject to the provisions of title 5 (governing appointments in the competitive service), and the provisions of
(d) Experts and consultants
The Secretary may obtain the services of experts and consultants in accordance with
(
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Transfer of Office of Training Technology Transfer
1 See References in Text note below.
§3426. Liaison for Proprietary Institutions of Higher Education
(a) Establishment
There shall be in the Department a Liaison for Proprietary Institutions of Higher Education, who shall be an officer of the Department appointed by the Secretary.
(b) Appointment
The Secretary shall appoint, not later than 6 months after October 7, 1998, a Liaison for Proprietary Institutions of Higher Education who shall be a person who—
(1) has attained a certificate or degree from a proprietary institution of higher education; or
(2) has been employed in a proprietary institution setting for not less than 5 years.
(c) Duties
The Liaison for Proprietary Institutions of Higher Education shall—
(1) serve as the principal advisor to the Secretary on matters affecting proprietary institutions of higher education;
(2) provide guidance to programs within the Department that involve functions affecting proprietary institutions of higher education; and
(3) work with the Federal Interagency Committee on Education to improve the coordination of—
(A) the outreach programs in the numerous Federal departments and agencies that administer education and job training programs;
(B) collaborative business and education partnerships; and
(C) education programs located in, and involving, rural areas.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1998, except as otherwise provided in
§3427. Coordinator for the outlying areas
(a) Establishment
The Secretary shall designate an office of the Department to coordinate the activities of the Department as they relate to the outlying areas.
(b) Appointment
Not later than 90 days after January 8, 2002, the head of the office designated under subsection (a) shall appoint a coordinator for the outlying areas, who shall be a person with substantial experience in the operation of Federal programs in the outlying areas.
(c) Duties
The coordinator for the outlying areas shall—
(1) serve as the principal advisor to the Department on Federal matters affecting the outlying areas;
(2) evaluate, on a periodic basis, the needs of education programs in the outlying areas;
(3) assist with the coordination of programs that serve the outlying areas; and
(4) provide guidance to programs within the Department that serve the outlying areas.
(d) Outlying areas defined
As used in this section, the term "outlying areas" includes Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Marianas Islands, but does not include the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of
SUBCHAPTER III—TRANSFERS OF AGENCIES AND FUNCTIONS
§3441. Transfers from Department of Health, Education, and Welfare
(a) Functions transferred to Secretary
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 Department 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 Welfare 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 (
(F) the National Defense Education Act of 1958;
(G) the International Education Act of 1966;
(H) the Individuals with Disabilities Education Act [
(I) part B of title V of the Economic Opportunity Act of 1964 [
(J) the National Commission on Libraries and Information Science Act;
(K) the Vocational Education Act of 1963;
(L) the Career Education Incentive Act;
(M) laws relating to the relationship between (i) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf, and (ii) the Department of Health, Education, and Welfare;
(N) the Model Secondary School for the Deaf Act;
(O) subpart A[C] of part IV of title III of the Communications Act of 1934 [
(P)
(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 Welfare 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 Welfare under the Rehabilitation Act of 1973 [
(B) all functions with respect to or being administered by the Secretary of Health, Education, and Welfare through the Commissioner of Rehabilitation Services under the Act of June 20, 1936, commonly referred to as the Randolph-Sheppard Act (
(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 Advisory Council on Education Statistics; and
(6) all functions of the Federal Education Data Acquisition Council.
(b) Offices, etc., transferred to Department
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 subparagraphs (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 Advisory Council on Education Statistics;
(5) the Federal Education Data Acquisition Council; and
(6) any advisory committee of the Department of Health, Education, and Welfare giving advice or making recommendations that primarily concern education functions transferred by this section.
(c) Administrative functions transferred to Secretary
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, Education, and Welfare;
(2) the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; and
(3) any advisory committee in the Department of Health, Education, and Welfare giving advice and making recommendations principally concerning education functions transferred by this section.
(d) Reservation of functions relating to Project Head Start
Nothing in the provisions of this section or in the provisions of this chapter shall authorize the transfer of functions under part A of title V of the Economic Opportunity Act of 1964 [
(
Editorial Notes
References in Text
The General Education Provisions Act, referred to in subsec. (a)(2)(A), is title IV of
The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(B), is
The Higher Education Act of 1965, referred to in subsec. (a)(2)(C), is
The Education Amendments of 1978, referred to in subsec. (a)(2)(D), is
Act of August 30, 1890 (
The National Defense Education Act of 1958, referred to in subsec. (a)(2)(F), is
The International Education Act of 1966, referred to in subsec. (a)(2)(G), is
The Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(H), is title VI of
The Economic Opportunity Act of 1964, referred to in subsecs. (a)(2)(I) and (d), is
The National Commission on Libraries and Information Science Act, referred to in subsec. (a)(2)(J), is
The Vocational Education Act of 1963, referred to in subsec. (a)(2)(K), was title I of
The Career Education Incentive Act, referred to in subsec. (a)(2)(L), is
The Model Secondary School for the Deaf Act, referred to in subsec. (a)(2)(N), is
The Communications Act of 1934, referred to in subsec. (a)(2)(O), is act June 19, 1934, ch. 652,
The Alcohol and Drug Abuse Education Act, referred to in subsec. (a)(2)(Q), is
The Rehabilitation Act of 1973, referred to in subsecs. (a)(4)(A), (C), and (b)(3), is
Act of June 20, 1936, referred to in subsec. (a)(4)(B), is act June 20, 1936, ch. 638,
Codification
"
Amendments
1996—Subsec. (a)(5) to (7).
Subsec. (b)(4) to (7).
1990—Subsec. (a)(2)(H).
Statutory Notes and Related Subsidiaries
Change of Name
Gallaudet College, referred to in subsec. (a)(2)(M), redesignated Gallaudet University by
Effective Date of 1990 Amendment
Amendment by
§3442. Repealed. Pub. L. 99–145, title XII, §1204(a)(1), Nov. 8, 1985, 99 Stat. 720
Section,
§3443. Transfers from Department of Labor
(a) Functions relating to programs for the education of migrant and seasonal farmworkers
Notwithstanding the provisions of section 601 of this Act, there shall be transferred to the Secretary, at such time on or after May 4, 1980, as the Secretary certifies that there has been established in the Department a single component responsible for the administration and the coordination of programs relating to the education of migrants, all functions of the Secretary of Labor or the Department of Labor relating to such education.
(b) Authorization to conduct functions
The Secretary is authorized to conduct the functions transferred by subsection (a).
(
Editorial Notes
References in Text
Section 601 of this Act, referred to in subsec. (a), is section 601 of
Prior Provisions
A prior section 302 of
Amendments
1998—Subsec. (a).
§3444. Transfer of programs from National Science Foundation
(a) Science education; exceptions
(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 May 4, 1980, pursuant to the National Science Foundation Act of 1950 [
(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 development; 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 chapter.
(b) Authority of Secretary; consultation and advice
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 development, implementation, and review of science education programs.
(c) Report by Secretary
The annual report to be transmitted by the Secretary pursuant to
(d) Reservation of certain Foundation authority
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 [
(
Editorial Notes
References in Text
The National Science Foundation Act of 1950, referred to in subsecs. (a)(1) and (d), is act May 10, 1950, ch. 171,
Codification
In subsec. (a)(1), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
Prior Provisions
A prior section 303 of
§3445. Transfers from Department of Justice
There are transferred to the Secretary all functions of the Attorney General and of the Law Enforcement Assistance Administration with regard to the student loan and grant programs known as the law enforcement education program and the law enforcement intern program authorized by subsections (b), (c), and (f) of section 406 1 of the Omnibus Crime Control and Safe Streets Act of 1968.
(
Editorial Notes
References in Text
Section 406 of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in text, is section 406 of title I of
Prior Provisions
A prior section 304 of
1 See References in Text note below.
§3446. Transfers from Department of Housing and Urban Development
There are transferred to the Secretary all functions relating to college housing loans of the Secretary of Housing and Urban Development and of the Department of Housing and Urban Development under title IV of the Housing Act of 1950 [
(
Editorial Notes
References in Text
The Housing Act of 1950, referred to in text, is act Apr. 20, 1950, ch. 94,
Prior Provisions
A prior section 305 of
§3447. Effect of transfers
The transfer of a function or office from an officer or agency to the Secretary or to the Department includes any aspects of such function or office vested in a subordinate of such officer or in a component of such agency.
(
Editorial Notes
Prior Provisions
A prior section 306 of
SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS
Part A—Personnel Provisions
§3461. Officers and employees
(a) Appointment and compensation
The Secretary is authorized to appoint and fix the 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.
(b) Applicability of General Schedule; termination of authority; exemption from limitations on executive positions
(1) At the request of the Secretary, the Director of the Office of Personnel Management shall, under
(2) Repealed.
(3) Appointments to positions provided for under this subsection may be made without regard to the provisions of
(4) The authority under this subsection with respect to any position shall terminate when the person first appointed to fill such position ceases to hold such position.
(5) For purposes of section 414(a)(3)(A) 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 May 4, 1980.
(c) Repealed. Pub. L. 99–498, title XIV, §1401(d), Oct. 17, 1986, 100 Stat. 1597
(d) Senior Executive Service
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 Secretary shall appoint individuals to such positions as provided by
(e) Indian preference laws
Nothing in this chapter shall be construed to prevent the application of any Indian preference law in effect on the day before October 17, 1979, to any function or office transferred by this chapter and subject to any such law on the day before October 17, 1979. Any function or office transferred by this chapter and subject to any such law shall continue to be subject to any such law.
(
Editorial Notes
References in Text
Section 414(a)(3)(A) of the Civil Service Reform Act of 1978, referred to in subsec. (b)(5), is section 414(a)(3)(A) of
Codification
In subsecs. (a) and (d), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
Amendments
2002—Subsec. (b)(2).
1994—Subsec. (b)(2).
1986—Subsec. (c).
1985—Subsec. (f).
Statutory Notes and Related Subsidiaries
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§3462. Experts and consultants
(a) In general
The Secretary may as provided in appropriation Acts obtain the services of experts and consultants in accordance with the provisions of
(b) Special rule
(1) In general
Notwithstanding any other provision of law, the Secretary may use not more than 1 percent of the funds appropriated for any education program that awards such funds on a competitive basis to pay the expenses and fees of non-Federal experts necessary to review applications and proposals for such funds.
(2) Applicability
The provisions of paragraph (1) shall not apply to any education program under which funds are authorized to be appropriated to pay the fees and expenses of non-Federal experts to review applications and proposals for such funds.
(
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§3463. Personnel reduction and annual limitations
(a) Work-years limitation; allocations; adjustments
(1) Notwithstanding any other provision of this chapter, there shall be included in each appropriation Act containing appropriations 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.
(2) The Secretary shall prescribe the allocation of the work-years available under paragraph (1) among the organizational units and components of the Department.
(3) If the President transmits any reorganization plan under
(b) Full-time equivalent personnel reductions
Not later than the end of the first fiscal year beginning after May 4, 1980, the number of full-time equivalent personnel positions available for performing functions transferred to the Secretary or the Department by this chapter shall be reduced by 500.
(c) Personnel computations
(1) Computations required to be made for purposes of this section shall be made on the basis of all personnel employed by the Department, including experts and consultants employed under
(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) Report on effects of reorganization on employees
The Director of the Office of Personnel Management shall, as soon as practicable, but not later than one year after May 4, 1980, prepare and transmit to the Congress a report on the effects on employees of the reorganization under this chapter, which shall include—
(1) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this chapter;
(2) a statement of the number of employees entitled to pay savings by reason of the organization under this chapter;
(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.
(
Editorial Notes
Codification
In subsecs. (a) and (d), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
Amendments
1995—Subsec. (a)(2).
Part B—General Administrative Provisions
§3471. General authority
(a) Force and effect of actions by Secretary
In carrying out any function transferred by this chapter, the Secretary, or any officer or employee of the Department, may exercise any authority available by law (including appropriation Acts) with respect to such function to the official or agency from which such function is transferred, and the actions of the Secretary in exercising such authority shall have the same force and effect as when exercised by such official or agency.
(b) Reporting requirements
(1) The director of any office continued in the Department the director of which was required, prior to May 4, 1980, to report to the Commissioner of Education or the Assistant Secretary for Education of the Department of Health, Education, and Welfare, shall report to the Secretary.
(2) The Secretary is authorized to delegate reporting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department.
(
Editorial Notes
Codification
In subsec. (b)(1), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
§3472. Delegation of functions
Except as otherwise provided in this chapter, the Secretary may delegate any function to such officers and employees of the Department as the Secretary may designate, and may authorize such successive redelegations of such functions within the Department as may be necessary or appropriate. No delegation of functions by the Secretary under this section or under any other provision of this chapter shall relieve the Secretary of responsibility for the administration of such functions.
(
§3473. Reorganization of Department
(a) Authorization; limitations
The Secretary is authorized, subject to the requirements of
(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 chapter; or
(3) the alteration of the delegation of functions to any specific organizational entity required by this chapter.
(b) Alteration, consolidation, or discontinuance of statutory and organizational entities
(1) The Secretary may, in accordance with paragraph (2) of this subsection, 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 English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students;
(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 Indian Education;
(I) the Office of Career Education;
(J) the Office of Non-Public Education;
(K) the bureau for the education and training for the handicapped; and
(L) the administrative units for guidance and counseling programs, the veterans' cost of instruction program, and the program for the gifted and talented children.
(2) The Secretary may alter, consolidate, or discontinue any organizational entity continued within the Department and described in 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.
(
Editorial Notes
Amendments
2002—Subsec. (b)(1)(A).
1996—Subsec. (b)(1)(H) to (M).
1980—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Effective Date of 2002 Amendment
Amendment by
National Institute of Education
The National Institute of Education was established by
Office of Migrant Education
§3474. Rules and regulations
The Secretary is authorized to prescribe such rules and regulations as the Secretary determines necessary or appropriate to administer and manage the functions of the Secretary or the Department.
(
Editorial Notes
Amendments
1994—
1985—Subsec. (b).
§3475. Contracts
(a) Authorization of Secretary
Subject to the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary is authorized to make, enter into, and perform such contracts, grants, leases, cooperative agreements, or other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and to make such payments, by way of advance or reimbursement, as the Secretary may determine necessary or appropriate to carry out functions of the Secretary or the Department.
(b) Limitations
Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance under appropriation Acts. This subsection shall not apply with respect to the authority granted under
(
Editorial Notes
Codification
In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949" on authority of
§3476. Regional and field offices
The Secretary is authorized to establish, alter, discontinue, or maintain such regional or other field offices as the Secretary may find necessary or appropriate to perform functions of the Secretary or the Department.
(
§3477. Acquisition and maintenance of property
(a) Authorized properties; establishment of necessary facilities
The Secretary is authorized—
(1) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(A) schools and related facilities (but only to the extent that operation of schools and related facilities by the Department is authorized by this chapter);
(B) laboratories;
(C) research and testing sites and facilities;
(D) quarters and related accommodations for employees and dependents of employees of the Department; and
(E) personal property (including patents), or any interest therein,
as may be necessary; and
(2) to provide by contract or otherwise for the establishment of eating facilities and other necessary facilities for the health and welfare of employees of the Department at its installations, and purchase and maintain equipment therefor.
(b) Day care center facilities
The authority available to the Secretary of Health, Education, and Welfare under
(c) Special purpose facilities
The authority granted by subsection (a) of this section shall be available only with respect to facilities of a special purpose nature that cannot readily be reassigned from similar Federal activities and are not otherwise available for assignment to the Department by the Administrator of General Services.
(
§3478. Facilities at remote locations
(a) Authorized services, supplies and facilities
The Secretary is authorized to provide, construct, or maintain for employees and their dependents stationed at remote locations as necessary and when not otherwise available at such remote locations—
(1) emergency medical services and supplies;
(2) food and other subsistence supplies;
(3) dining facilities;
(4) audiovisual equipment, accessories, and supplies for recreation and training;
(5) reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons;
(6) living and working quarters and facilities; and
(7) transportation for dependents of employees of the Department to the nearest appropriate educational facilities.
(b) Reimbursements
The furnishing of medical treatment under paragraph (1) of subsection (a) 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) Appropriation credits and refunds
Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such work or services or used to refund excess sums when necessary.
(
§3479. Use of facilities
(a) Federal, State, local and foreign government facilities
With their consent, the Secretary may, with or without reimbursement, use the research, equipment, services, and facilities of any agency or instrumentality of the United States, of any State or political subdivision thereof, or of any foreign government, in carrying out any function of the Secretary or the Department.
(b) Public and private permittees
The Secretary is authorized to permit public and private agencies, corporations, associations, organizations, or individuals to use any real property, or any facilities, structures, or other improvements thereon, under the custody and control of the Secretary for Department purposes. The Secretary shall permit the use of such property, facilities, structures, or improvements under such terms and rates and for such period as may be in the public interest, except that the periods of such uses may not exceed five years. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements used by such permittees to a standard satisfactory to the Secretary. This subsection shall not apply to excess property as defined in
(c) Appropriation credits and refunds
Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such equipment or facilities provided or to refund excess sums when necessary.
(d) Interests in real property
Any interest in real property acquired pursuant to this chapter shall be acquired in the name of the United States Government.
(
Editorial Notes
Codification
"
Amendments
1985—Subsec. (a).
§3480. Copyrights and patents
The Secretary is authorized to acquire any of the following described rights if the property acquired thereby is for use by or for, or useful to, the Department:
(1) copyrights, patents, and applications for patents, designs, processes, and manufacturing data;
(2) licenses under copyrights, patents, and applications for patents; and
(3) releases, before suit is brought, for past infringement of patents or copyrights.
(
§3481. Gifts and bequests
The Secretary is authorized to accept, hold, administer, and utilize gifts, bequests and devises of property, both real and personal, and to accept donations of services, for the purpose of aiding or facilitating the work of the Department. Gifts, bequests, and devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon the order of the Secretary.
(
Editorial Notes
Amendments
1994—
§3482. Technical advice
(a) Authorization
The Secretary is authorized, upon request, to provide advice, counsel, and technical assistance to applicants or potential applicants for grants and contracts and other interested persons with respect to any functions of the Secretary or the Department.
(b) Consolidation of applications for grants and contracts
The Secretary may permit the consolidation of applications for grants or contracts with respect to two or more functions of the Secretary or the Department, but such consolidation shall not alter the statutory criteria for approval of applications for funding with respect to such functions.
(
§3483. Working capital fund
(a) Establishment; administrative services included
The Secretary, with the approval of the Director of the Office of Management and Budget, is authorized to establish for the Department a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as the Secretary shall find to be desirable in the interests of economy and efficiency, including such services as—
(1) a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its components;
(2) central messenger, mail, telephone, and other communications services;
(3) office space, central services for document reproduction, and for graphics and visual aids; and
(4) a central library service.
(b) Capital; reimbursement of funds; credit; miscellaneous receipts; transfers
The capital of the fund shall consist of any appropriations made for the purpose of providing working capital and the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates that will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the Treasury as miscellaneous receipts any surplus of the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain such fund. There shall be transferred to the fund the stocks of supplies, equipment, other assets, liabilities, and unpaid obligations relating to the services which the Secretary determines, with the approval of the Director of the Office of Management and Budget, will be performed.
(
§3483a. Department of Education Nonrecurring Expenses Fund
There is hereby established in the Treasury of the United States a fund to be known as the "Department of Education Nonrecurring Expenses Fund" (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Education by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information and business technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget: Provided further, That amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 30 days in advance of the specific information and business technology system modernization project or facility infrastructure improvement obligations planned for such amounts.
(
Editorial Notes
References in Text
This Act, referred to in text, is div. H of
Codification
Section was enacted as part of the Department of Education Appropriations Act, 2021, and not as part of the Higher Education Act of 1965 which comprises this chapter.
§3484. Funds transfer
The Secretary may, when authorized in an appropriation Act in any fiscal year, transfer funds from one appropriation to another within the Department, except that no appropriation for any fiscal year shall be either increased or decreased pursuant to this section by more than 5 percent and no such transfer shall result in increasing any such appropriation above the amount authorized to be appropriated therefor.
(
§3485. Seal of Department
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.
(
§3486. Annual report
(a) Contents
The Secretary shall, as soon as practicable after the close of each fiscal year, make a single, comprehensive report to the President for transmission to the Congress on the activities of the Department during such fiscal year. The report shall include a statement of goals, priorities, and plans for the Department together with an assessment of the progress made toward—
(1) the attainment of such goals, priorities, and plans;
(2) the more effective and efficient management of the Department and the coordination of its functions; and
(3) the reduction of excessive or burdensome regulation and of unnecessary duplication and fragmentation in Federal education programs,
accompanied where necessary by recommendations for proposed legislation for the achievement of such objectives.
(b) Estimate on non-Federal personnel employed
The report required by subsection (a) shall also include an estimate of the extent of the non-Federal personnel employed pursuant to contracts entered into by the Department under
(
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (a) of this section relating to transmission of report to Congress, see section 3003 of
§3487. Repealed. Pub. L. 103–382, title II, §271(a)(1), Oct. 20, 1994, 108 Stat. 3929
Section,
§3488. Authorization of appropriations
Subject to any limitation on appropriations applicable with respect to any function or office transferred to the Secretary or the Department, there are authorized to be appropriated for fiscal year 1980 and each succeeding fiscal year such sums as may be necessary to carry out the provisions of this chapter and to enable the Secretary to administer and manage the Department. Funds appropriated in accordance with this section shall remain available until expended.
(
Editorial Notes
Prior Provisions
A prior section 427 of
§3489. General extension of authorizations
Subject to the limitations contained in subtitle A of this title, there are authorized to be appropriated for fiscal years 1982, 1983, and 1984 such sums as may be necessary to carry out each of the following provisions of law:
(1) the Act of September 30, 1950 1 (Public Law 874, 81st Congress);
(2) the Act of September 23, 1950 1 (Public Law 815, 81st Congress);
(3) the General Education Provisions Act [
(4) the Indian Education Act;
(5) titles XI [
(6) the Adult Education Act; 1
(7) section 342 of the Education Amendments of 1976 [
(8) the Asbestos School Hazards Detection and Control Act [
(9) the Joint Resolution of October 19, 1972 (
(10) the Vocational Education Act of 1963; 1
(11) title IV of the Civil Rights Act of 1964 [
(12) the Navajo Community College Act and the Tribally Controlled Colleges and Universities Assistance Act of 1978 [
(13) part C of title IX of the Elementary and Secondary Education Act of 1965,1 relating to Women's Educational Equity; and
(14) title VII of the Elementary and Secondary Education Act of 1965.1
(
Editorial Notes
References in Text
Subtitle A of this title, referred to in text, is subtitle A (§§502 to 528) of title V, of
Act of September 30, 1950 (Public Law 874, 81st Congress), referred to in par. (1), is act Sept. 30, 1950, ch. 1124,
Act of September 23, 1950 (Public Law 815, 81st Congress), referred to in par. (2), is act Sept. 23, 1950, ch. 995, as amended generally by Aug. 12, 1958,
The General Education Provisions Act, referred to in par. (3), is title IV of
The Indian Education Act, referred to in par. (4), is
The Education Amendments of 1978, referred to in par. (5), is
The Education Amendments of 1980, referred to in par. (5), is
The Adult Education Act, referred to in par. (6), was title III of
The Asbestos School Hazards Detection and Control Act, referred to in par. (8), is
The Joint Resolution of October 19, 1972 (
The Vocational Education Act of 1963, referred to in par. (10), was title I of
The Civil Rights Act of 1964, referred to in par. (11), is
The Navajo Community College Act, referred to in par. (12), is
The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in par. (12), is
The Elementary and Secondary Education Act of 1965, referred to in pars. (13) and (14), is
Codification
Section was enacted as part of the Omnibus Education Reconciliation Act of 1981 and also as part of the Omnibus Budget Reconciliation Act of 1981, and not as part of the Department of Education Organization Act which comprises this chapter.
Amendments
2008—Par. (12).
1998—Par. (12).
1996—Pars. (12) to (15).
1983—Par. (15).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by
Short Title
Applicability to Other Laws; General Restrictions
"(a) Any provision of law which is not consistent with the provisions of this subtitle [see Tables for classification of sections 502 to 528 of
"(b) Notwithstanding any authorization of appropriations for fiscal year 1982, 1983, or 1984 contained in any provision of law which is specified in this subtitle (including any authorization of appropriations contained in
"(c) No funds are authorized to be appropriated for the fiscal year 1982, 1983, or 1984 to pay for the expenses of any advisory council which provides advice to a program for which there are no authorizations of appropriations made under this subtitle or made by an amendment made by this subtitle."
1 See References in Text note below.
§3490. Potential financial interests or impaired objectivity of covered individuals or entities
(a) Maintenance of integrity and ethical values within Department of Education
Within 60 days after December 26, 2007, the Secretary of Education shall implement procedures—
(1) to assess whether a covered individual or entity has a potential financial interest in, or impaired objectivity towards, a product or service purchased with, or guaranteed or insured by, funds administered by the Department of Education or a contracted entity of the Department; and
(2) to disclose the existence of any such potential financial interest or impaired objectivity.
(b) Review by Inspector General
(1) Within 60 days after the implementation of the procedures described in subsection (a), the Inspector General of the Department of Education shall report to the Committees on Appropriations of the House of Representatives and the Senate on the adequacy of such procedures.
(2) Within 1 year, the Inspector General shall conduct at least 1 review to ensure that such procedures are properly implemented and are effective to uncover and disclose the existence of potential financial interests or impaired objectivity described in subsection (a).
(3) The Inspector General shall report to such Committees any recommendations for modifications to such procedures that the Inspector General determines are necessary to uncover and disclose the existence of such potential financial interests or impaired objectivity.
(c) Definition
For purposes of this section, the term "covered individual or entity" means—
(1) an officer or professional employee of the Department of Education;
(2) a contractor or subcontractor of the Department, or an individual hired by the contracted entity;
(3) a member of a peer review panel of the Department; or
(4) a consultant or advisor to the Department.
(
Editorial Notes
Codification
Section was enacted as part of the Department of Education Appropriations Act, 2008, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008, and the Consolidated Appropriations Act, 2008, and not as part of the Department of Education Organization Act which comprises this chapter.
SUBCHAPTER V—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
§3501. Transfer and allocation of appropriations and personnel
(a) Personnel and appropriations in connection with functions and offices transferred by this chapter; use of unexpended funds
Except as otherwise provided in this chapter, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof transferred by this chapter, subject to
(b) Positions specified to carry out functions or offices transferred by this chapter
Positions expressly specified by statute or reorganization plan to carry out functions or offices transferred by this chapter, personnel occupying those positions on the effective date of this chapter, and personnel authorized to receive compensation in such positions at the rate prescribed for offices and positions at level IV or V of the Executive Schedule (
(
Editorial Notes
Codification
In subsec. (a), "
In subsec. (b), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
§3502. Effect on personnel
(a) Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
Except as otherwise provided in this chapter, the transfer pursuant to this subchapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department.
(b) Positions compensated in accordance with Executive Schedule
Any person who, on the day preceding May 4, 1980, held a position compensated in accordance with the Executive Schedule prescribed in
(
Editorial Notes
Codification
In subsec. (b), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
Statutory Notes and Related Subsidiaries
Abolished Positions Deemed Transferred
§3503. Agency terminations
(a) Specific terminations
On May 4, 1980, the following entities shall terminate:
(A) the Education Division of the Department of Health, Education, and Welfare, including the Office of Education;
(B) the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare;
(C) the Bureau of Occupational and Adult Education of the Department of Health, Education, and Welfare.
(b) Positions authorized to be compensated at rate prescribed for level IV or V of the Executive Schedule
Each position which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rate prescribed for level IV or V of the Executive Schedule (
(
Editorial Notes
Codification
In subsec. (a), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
Amendments
1985—Subsec. (a).
§3504. Incidental transfers
(a) Authorization of Director of Office of Management and Budget; termination of affairs
The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized and directed to make such determinations as may be necessary with regard to the functions, offices, or portions thereof transferred by this chapter, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, offices, or portions thereof, as may be necessary to carry out the provisions of this chapter. The Director shall provide for the termination of the affairs of all entities terminated by this chapter and for such further measures and dispositions as may be necessary to effectuate the purposes of this chapter.
(b) Transfer of positions within Senior Executive Service
After consultation with the Director of the Office of Personnel Management, the Director of the Office of Management and Budget is authorized, at such time as the Director of the Office of Management and Budget provides, to make such determinations as may be necessary with regard to the transfer of positions within the Senior Executive Service in connection with functions and offices transferred by this chapter.
(
§3505. Savings provisions
(a) Orders, determinations, etc.
All orders, determinations, rules, regulations, permits, 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 chapter to the Secretary or the Department, and
(2) which are in effect on May 4, 1980,
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) Proceedings and applications; transfer
(1) The provisions of this chapter shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on May 4, 1980, before any department, agency, commission, or component thereof, functions of which are transferred by this chapter; 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 chapter 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 discontinuance 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 chapter had not been enacted.
(2) The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1) to the Department.
(c) Actions
Except as provided in subsection (e)—
(1) the provisions of this chapter shall not affect suits commenced prior to May 4, 1980, and
(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.
(d) Liabilities incurred
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 chapter, shall abate by reason of the enactment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this chapter.
(e) Parties
If, before May 4, 1980, any department or agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this chapter 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) Review
Orders and actions of the Secretary in the exercise of functions transferred under this chapter shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this chapter shall apply to the exercise of such function by the Secretary.
(
Editorial Notes
Codification
In subsecs. (a)(2), (b)(1), (c)(1), and (e), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
§3506. Separability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.
(
§3507. Existing references to transferor officials or bodies deemed references to transferee officials or bodies
With respect to any function transferred by this chapter and exercised on or after May 4, 1980, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, other official, or component of the Department to which this chapter transfers such functions.
(
Editorial Notes
Codification
"May 4, 1980" substituted in text for "the effective date of this chapter" pursuant to section 601 of
§3508. Department of Health and Human Services
(a) Redesignation of Department of Health, Education, and Welfare
The Department of Health, Education, and Welfare is hereby redesignated the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare or any other official of the Department of Health, Education, and Welfare is hereby redesignated the Secretary or official, as appropriate, of Health and Human Services.
(b) Reference to Department, Secretary, etc., of Health, Education, and Welfare deemed reference to Department, Secretary, etc., of Health and Human Services
Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on May 4, 1980, shall be deemed to refer and apply to the Department of Health and Human Services or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this chapter.
(
Editorial Notes
Codification
In subsec. (b), "May 4, 1980" substituted for "the effective date of this chapter" pursuant to section 601 of
Amendments
2003—Subsec. (b).
2002—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
§3509. Coordination of programs for handicapped
The Secretary of Health and Human Services shall 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 individuals carried out by or under the Department of Education.
(
§3510. Transitional provisions
With the consent of the appropriate department or agency 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 functions or offices for such period of time as may reasonably be needed to facilitate the orderly implementation of this chapter.
(