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Title 20 — Education

Part B · Chapter 48 — Department of Education

§ 3473. Reorganization of Department

Statutory text

(a)

Authorization; limitations

The Secretary is authorized, subject to the requirements of section 3412(f) of this title, to allocate or reallocate functions among the officers of the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate, but the authority of the Secretary under this subsection does not extend to—

(1)

any office, bureau, unit, or other entity transferred to the Department and established by statute or any function vested by statute in such an entity or officer of such an entity, except as provided in subsection (b);

(2)

the abolition of organizational entities established by this 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.

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.

  1. Department of Education Organization Act

    Pub. L. 96–88 title IV § 413 · 93 Stat. 668

    Enacted · 20 U.S.C. § 3473

    Pub. L. 96–88, title IV, § 413, Oct. 17, 1979, 93 Stat. 684

    Source evidence

    Code source credit
    Pub. L. 96–88, title IV, § 413, Oct. 17, 1979, 93 Stat. 684

    Enacted provision · exact public law section
    Sec. 413. reorganization (a) The Secretary is authorized, subject to the requirements of section 202(f), to allocate or reallocate functions among the officers of the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate, but the authority of the Secretary under this subsection does not extend to— (1) any office, bureau, unit, or other entity transferred to the Department and established by statute or any function vested by statute in such an entity or officer of such an entity, except as provided in subsection (b); (2) the abolition of organizational entities established by this Act; or (3) the alteration of the delegation of functions to any specific organizational entity required by this Act. (b) (1) The Secretary may, in accordance with paragraph (2) of this 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 Bilingual Education; (B) the Teacher Corps; (C) the Community College Unit; (D) the National Center for Education Statistics; (E) the National Institute of Education; (F) the Office of Environmental Education; (G) the Office of Consumers’ Education; (H) the Office of Libraries and Learning Resources; (I) the Office of Indian Education; (J) the Office of Career Education; (K) the Office of Non-Public Education; (L) the bureau for the education and training for the handicapped: (M) the Institute of Museum Services; and (N) the administrative units for guidance and counseling programs, the veterans’ cost of instruction program, and the program for the gifted and talented children. (2) The Secretary may alter, consolidate, or discontinue any organizational Congressional committees, notice. 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.

  2. Arts and Humanities Act of 1980

    Pub. L. 96–496 title II § 202 · 94 Stat. 2583

    1. Redesignated · 20 U.S.C. § 3473(b)(1)

      Pub. L. 96–496 redesignated subpar. (N) as (M)

    2. Struck · 20 U.S.C. § 3473(b)(1)

      Pub. L. 96–496 struck out former subpar. (M), which authorized the Secretary to reallocate the functions or to alter or discontinue the Institute of Museum Services

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–496 redesignated subpar. (N) as (M) and struck out former subpar. (M), which authorized the Secretary to reallocate the functions or to alter or discontinue the Institute of Museum Services.

    Enacted provision · exact public law section
    Sec. 202. amendments to department of education organization act Section 413(b)(1) of the Department of Education Organization Act (20 U.S.C. 3473(b)(1)) is amended by inserting “and” at the end of subparagraph (L), by striking out subparagraph (M), and by redesignating subparagraph (N) as subparagraph (M).

  3. Amber Hagerman Child Protection Act of 1996

    Pub. L. 104–208 div. A title I § 101(e)(tVII)(s709)(c) · 110 Stat. 3009

    1. Redesignated · 20 U.S.C. § 3473(b)(1)(H)(M)

      Pub. L. 104–208 redesignated subpars. (I) to (M) as (H) to (L), respectively

    2. Struck · 20 U.S.C. § 3473(b)(1)(H)(M)

      Pub. L. 104–208 struck out former subpar. (H) which authorized Secretary to consolidate, alter, discontinue, or reallocate any functions vested by statute in Office of Libraries and Learning Resources

    Source evidence

    Code amendment note
    Subsec. (b)(1)(H) to (M). Pub. L. 104–208 redesignated subpars. (I) to (M) as (H) to (L), respectively, and struck out former subpar. (H) which authorized Secretary to consolidate, alter, discontinue, or reallocate any functions vested by statute in Office of Libraries and Learning Resources.

    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:

  4. Pub. L. 107–110 title X § 1072(b) · 115 Stat. 1425

    Substituted · 20 U.S.C. § 3473(b)(1)(A)

    Pub. L. 107–110 substituted “Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students” for “Office of Bilingual Education”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 107–110 substituted “Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students” for “Office of Bilingual Education”.

    Enacted provision · exact public law section
    (b) Renaming of Office.— The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended by striking 20 USC 3420, 3423d, 3473. “Office of Bilingual Education and Minority Languages Affairs” and “Office of Bilingual Education” each place either such term appears and inserting “Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students”.

    Effective date note
    Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1980–2002 · 3 rounds

2002

Subsec. (b)(1)(A). Pub. L. 107–110 substituted “Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students” for “Office of Bilingual Education”.

1996

Subsec. (b)(1)(H) to (M). Pub. L. 104–208 redesignated subpars. (I) to (M) as (H) to (L), respectively, and struck out former subpar. (H) which authorized Secretary to consolidate, alter, discontinue, or reallocate any functions vested by statute in Office of Libraries and Learning Resources.

1980

Subsec. (b)(1). Pub. L. 96–496 redesignated subpar. (N) as (M) and struck out former subpar. (M), which authorized the Secretary to reallocate the functions or to alter or discontinue the Institute of Museum Services.

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, .

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, .

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

National Institute of Education

The National Institute of Education was established by section 1221e of this title which as amended generally by Pub. L. 99–498, title XIV, § 1401(a), , 100 Stat. 1589, provided objectives and duties for the Office of Educational Research and Improvement and established the National Advisory Council on Educational Research and Improvement, and section 1401(b) of Pub. L. 99–498 transferred the property and records of the National Institute of Education to the Office of Educational Research and Improvement.

Office of Migrant Education

Pub. L. 98–511, title VII, § 701(b), , 98 Stat. 2405, provided that: “For the purposes of section 413(a) of the Department of Education Organization Act (20 U.S.C. 3473), the Office of Migrant Education shall be considered to be an organizational entity established by such Act [20 U.S.C. 3401 et seq.] and shall not be subject to the reorganizational authority of the Secretary of Education under that section or any other provision of law.”

Credits

1979–2002 · 4 acts
  1. 1979Pub. L. 96–88, title IV, § 413, , 93 Stat. 684
  2. 1980Pub. L. 96–496, title II, § 202, , 94 Stat. 2593
  3. 1996Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(c)], , 110 Stat. 3009–233, 3009–313
  4. 2002Pub. L. 107–110, title X, § 1072(b), , 115 Stat. 2089.
Show as published

(Pub. L. 96–88, title IV, § 413, , 93 Stat. 684; Pub. L. 96–496, title II, § 202, , 94 Stat. 2593; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(c)], , 110 Stat. 3009–233, 3009–313; Pub. L. 107–110, title X, § 1072(b), , 115 Stat. 2089.)

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