Title 20 — Education

Chapter 48 — Department of Education

§ 3441. Transfers from Department of Health, Education, and Welfare

Statutory text

Functions transferred to Secretary

There are transferred to the Secretary—

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;

all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under—

the General Education Provisions Act [20 U.S.C. 1221 et seq.];

the Elementary and Secondary Education Act of 1965;

the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.];

the Education Amendments of 1978;

the Act of August 30, 1890 (7 U.S.C. 321–328);

the National Defense Education Act of 1958;

the International Education Act of 1966;

the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];

part B of title V of the Economic Opportunity Act of 1964 [42 U.S.C. 2929 et seq.];

the National Commission on Libraries and Information Science Act;

the Vocational Education Act of 1963;

the Career Education Incentive Act;

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;

the Model Secondary School for the Deaf Act;

subpart A[C] of part IV of title III of the Communications Act of 1934 [47 U.S.C. 395 et seq.] with respect to the telecommunications demonstration program;

section 550 of title 40 with respect to donations of surplus property for educational purposes; and

the Alcohol and Drug Abuse Education Act;

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;

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 [29 U.S.C. 701 et seq.], except that the provisions of this subparagraph shall not be construed to transfer to the Secretary the functions of the Secretary of Health, Education, and Welfare under sections 222 and 1615 of the Social Security Act [42 U.S.C. 422 and 1382d];

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 (20 U.S.C. 107 et seq.);

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 [29 U.S.C. 701 et seq.];

all functions of the Advisory Council on Education Statistics; and

all functions of the Federal Education Data Acquisition Council.

Offices, etc., transferred to Department

There are transferred to the Department—

all offices in the Office of the Assistant Secretary for Education or in the Education Division of the Department of Health, Education, and Welfare;

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);

all offices in the Department of Health, Education, and Welfare established under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.];

the Advisory Council on Education Statistics;

the Federal Education Data Acquisition Council; and

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.

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—

the Education Division of the Department of Health, Education, and Welfare;

the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; and

any advisory committee in the Department of Health, Education, and Welfare giving advice and making recommendations principally concerning education functions transferred by this section.

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 [42 U.S.C. 2928 et seq.], relating to Project Head Start, from the Secretary of Health, Education, and Welfare to the Secretary.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1979
Department of Education Organization Act
Pub. L. 96–88 title III § 301 · 93 Stat. 668
Enacted · 20 U.S.C. § 3441
Pub. L. 96–88, title III, § 301, Oct. 17, 1979, 93 Stat. 677
Source evidence
Code source credit
Pub. L. 96–88, title III, § 301, Oct. 17, 1979, 93 Stat. 677
Enacted provision · exact public law section
Sec. 301. transfers from the department of health, education, and welfare (a) There are transferred to the Secretary— 20 USC 3441. (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; 20 USC 1221. 20 USC 821 note. 20 USC 1001 note, 92 Stat. 2143. 20 USC 2701 note. 20 USC 401 note. 20 USC 1171 note. 20 USC 1401 note. (B) the Elementary and Secondary Education Act of 1965; (C) the Higher Education Act of 1965; (D) the Education Amendments of 1978; (E) the Act of August 30, 1890 (7 U.S.C. 321–328); (F) the National Defense Education Act of 1958; (G) the International Education Act of 1966; (H) the Education of the Handicapped Act; (I) part B of title V of the Economic Opportunity Act of 42 USC 2929. 1964; (J) the National Commission on Libraries and Information 20 USC 1501 note. 20 USC 2301 note. 20 USC 2601 note. 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 of part IV of title III of the Communications Act of 1934 with respect to the telecommunications demonstration program; (P) section 203(k) of the Federal Property and Administrative 40 USC 484. Services Act of 1949 with respect to donations of surplus property for educational purposes; and (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 29 USC 701 note. under the Rehabilitation Act of 1973, except that the provisions of this subparagraph shall not be construed to transfer to the Secretary the functions of the Secretary of Health, 42 USC 422, 1382d. Education, and Welfare under sections 222 and 1615 of the Social Security Act; (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 (20 U.S.C. 107 et seq.); (C) all functions of the Commissioner of Rehabilitation and the Director of the National Institute of Handicapped Research of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973; (5) all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare, and of the Director thereof; (6) all functions of the Advisory Council on Education Statistics; and (7) all functions of the Federal Education Data Acquisition Council. (b) There are transferred to the Department— (1) all offices in the Office of the Assistant Secretary for Education or in the Education Division of the Department of Health, Education, and Welfare; (2) all offices in the Department of Health, Education, and Welfare established under the provisions of law listed in 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 Institute of Museum Services of the Department of Health, Education, and Welfare; (5) the Advisory Council on Education Statistics; (6) the Federal Education Data Acquisition Council; and (7) 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) 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) Nothing in the provisions of this section or in the provisions of this Act shall authorize the transfer of functions under part A of title V of the Economic Opportunity Act of 1964, relating to Project Head 42 USC 2928. Start, from the Secretary of Health, Education, and Welfare to the Secretary.
1990
Education of the Handicapped Act Amendments of 1990
Pub. L. 101–476 title IX § 901(a)(2) · 104 Stat. 1103
Substituted · 20 U.S.C. § 3441(a)(2)(H)
Pub. L. 101–476 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”
Source evidence
Code amendment note
Subsec. (a)(2)(H). Pub. L. 101–476 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.
Enacted provision · exact public law section
(2) The following Acts are each amended by striking “Education of the Handicapped Act” each place it occurs and inserting in lieu thereof “Individuals with Disabilities Education 20 USC 2301 et seq.; 42 USC 201 et seq.; 20 USC 3401 et seq.; 42 USC 6000 et seq.; 20 USC 1400 et seq.; 20 USC 4301 et seq.; 20 USC 2701 et seq.; 42 USC 1305 et seq.; 19 USC 2901 et seq.; 29 USC 701 et seq.; 29 USC 2201 et seq. Act”: Carl D. Perkins Vocational Education and Applied Technology Act; Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988; Department of Education Organization Act; Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1987; Education for All Handicapped Children Act of 1975; Education of the Deaf Act of 1986; Elementary and Secondary Education Act of 1965; Medicare Catastrophic Coverage Act of 1988; Omnibus Trade and Competitiveness Act of 1988; Rehabilitation, Comprehensive Services and Developmental Disabilities Amendments of 1978; and Technology-Related Assistance for Individuals With Disabilities Act of 1988.
Effective date note
Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.
1996
Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 § 101(e)(tVII)(s709)(b)(2)(A) · 110 Stat. 3009
1. Redesignated · 20 U.S.C. § 3441(a)(5)(7)
  Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(A)], redesignated pars. (6) and (7) as (5) and (6), respectively
2. Struck · 20 U.S.C. § 3441(a)(5)(7)
  Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(A)], struck out former par. (5) which transferred all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Secretary of Education
Source evidence
Code amendment note
Subsec. (a)(5) to (7). Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(A)], redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which transferred all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Secretary of Education.
Enacted provision · exact public law section
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1996
Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 § 101(e)(tVII)(s709)(b)(2)(B) · 110 Stat. 3009
1. Redesignated · 20 U.S.C. § 3441(b)(4)(7)
  Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(B)], redesignated pars. (5) to (7) as (4) to (6), respectively
2. Struck · 20 U.S.C. § 3441(b)(4)(7)
  Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(B)], struck out former par. (4) which transferred the offices, etc., of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Department of Education
Source evidence
Code amendment note
Subsec. (b)(4) to (7). Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(B)], redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which transferred the offices, etc., of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Department of Education.
Enacted provision · exact public law section
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

The General Education Provisions Act, referred to in subsec. (a)(2)(A), is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(B), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

The Higher Education Act of 1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

The Education Amendments of 1978, referred to in subsec. (a)(2)(D), is Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 6301 of this title and Tables.

Act of August 30, 1890 (7 U.S.C. 321–328), referred to in subsec. (a)(2)(E), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 321 of Title 7 and Tables.

The National Defense Education Act of 1958, referred to in subsec. (a)(2)(F), is Pub. L. 85–864, Sept. 2, 1958, 72 Stat. 1580, which was classified principally to chapter 17 (§ 401 et seq.) of this title prior to omission from the Code. For complete classification of this Act to the Code, see Tables.

The International Education Act of 1966, referred to in subsec. (a)(2)(G), is Pub. L. 89–698, Oct. 29, 1966, 80 Stat. 1066, which was classified principally to chapter 29 (§ 1171 et seq.) of this title and was substantially repealed by section 601(c)(2) of Pub. L. 96–374. For complete classification of this Act to the Code, see Tables.

The Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(H), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

The Economic Opportunity Act of 1964, referred to in subsecs. (a)(2)(I) and (d), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Parts A and B of title V of the Economic Opportunity Act of 1964 were classified generally to parts A (§ 2928 et seq.) and B (§ 2929 et seq.) of subchapter V of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.

The National Commission on Libraries and Information Science Act, referred to in subsec. (a)(2)(J), is Pub. L. 91–345, July 20, 1970, 84 Stat. 440, which was classified generally to chapter 34 (§ 1501 et seq.) of this title, and was repealed by Pub. L. 111–340, title IV, § 401(a), Dec. 22, 2010, 124 Stat. 3604.

The Vocational Education Act of 1963, referred to in subsec. (a)(2)(K), was title I of Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 94–482, title II, § 202(a), Oct. 12, 1976, 90 Stat. 2169, which was classified to chapter 44 (§ 2301 et seq.) of this title, prior to amendment by Pub. L. 98–524, § 1, Oct. 19, 1984, 98 Stat. 2435, striking out all after the enacting clause and inserting in lieu thereof titles I to V, to be cited as the Carl D. Perkins Vocational Education Act. The Act was subsequently amended extensively by Pub. L. 101–392, Sept. 25, 1990, 104 Stat. 753, which renamed it the Carl D. Perkins Vocational and Applied Technology Education Act, amended generally by Pub. L. 105–332, § 1(b), Oct. 31, 1998, 112 Stat. 3076, which renamed it the Carl D. Perkins Vocational and Technical Education Act of 1998, and again amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which renamed it the Carl D. Perkins Career and Technical Education Act of 2006. For additional details, see Codification note preceding section 2301 of this title.

The Career Education Incentive Act, referred to in subsec. (a)(2)(L), is Pub. L. 95–207, Dec. 13, 1977, 91 Stat. 1464, which was classified principally to chapter 46 (§ 2601 et seq.) of this title prior to its repeal by Pub. L. 97–35, title V, § 587(a)(4), Aug. 13, 1981, 95 Stat. 480.

The Model Secondary School for the Deaf Act, referred to in subsec. (a)(2)(N), is Pub. L. 89–694, Oct. 15, 1966, 80 Stat. 1027, which was classified to subchapter II (§ 693 et seq.) of chapter 20B of this title, and was repealed by Pub. L. 99–371, title IV, § 410(c), Aug. 4, 1986, 100 Stat. 794. See section 4321 et seq. of this title.

The Communications Act of 1934, referred to in subsec. (a)(2)(O), is act June 19, 1934, ch. 652, 48 Stat. 1064. Subpart A of part IV of title III of the Act (which is classified principally to subpart A (§ 390 et seq.) of part IV of subchapter III of chapter 5 of Title 47, Telecommunications) was amended by section 201 of Pub. L. 95–567, Nov. 2, 1978, 92 Stat. 2409, and, as so amended, the provisions relating to telecommunications demonstrations which had appeared in subpart A were restated in a new subpart B (§ 395 et seq.). Subpart B was subsequently redesignated subpart C by Pub. L. 101–437, title II, § 203(a)(2), Oct. 17, 1990, 104 Stat. 998. For complete classification of the 1934 Act to the Code, see section 609 of Title 47 and Tables.

The Alcohol and Drug Abuse Education Act, referred to in subsec. (a)(2)(Q), is Pub. L. 91–527, Dec. 3, 1970, 84 Stat. 1385, which was classified generally to chapter 14 (§ 1001 et seq.) of Title 21, Food and Drugs, prior to repeal by Pub. L. 97–35, title V, § 587(a)(3), Aug. 13, 1981, 95 Stat. 480.

The Rehabilitation Act of 1973, referred to in subsecs. (a)(4)(A), (C), and (b)(3), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Act of June 20, 1936, referred to in subsec. (a)(4)(B), is act June 20, 1936, ch. 638, 49 Stat. 1559, known as the Randolph-Sheppard Act and also popularly known as the Randolph-Sheppard Vending Stand Act, which is classified generally to chapter 6A (§ 107 et seq.) of this title. For complete classification of this Act to the Code, see Short Title notes set out under section 107 of this title and Tables.

Codification

“Section 550 of title 40” substituted in subsec. (a)(2)(P) for “section 203(k) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments1990–1996 · 2 rounds

1996

Subsec. (a)(5) to (7). Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(A)], redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which transferred all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Secretary of Education.

Subsec. (b)(4) to (7). Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(B)], redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which transferred the offices, etc., of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Department of Education.

1990

Subsec. (a)(2)(H). Pub. L. 101–476 substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.

Statutory Notes and Related Subsidiaries

Change of Name

Gallaudet College, referred to in subsec. (a)(2)(M), redesignated Gallaudet University by Pub. L. 99–371, title I, § 101(a), Aug. 4, 1986, 100 Stat. 781, which is classified to section 4301(a) of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.