CHAPTER 48 - DEPARTMENT OF EDUCATION

Title 20 > CHAPTER 48

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§ 3401 Congressional findings

The Congress finds that— education is fundamental to the development of individual citizens and the progress of the Nation; 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; 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; 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; 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; 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; 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; 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; 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 there is no single, full-time, Federal education official directly accountable to the President, the Congress, and the people. ( Pub. L. 96–88, title I, § 101 , Oct. 17, 1979 , 93 Stat. 669 .)

“SEC. 2001 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND.

(“(a) In General.— In addition to amounts otherwise available through the Education Stabilization Fund, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $122,774,800,000, to remain available through September 30, 2023 , to carry out this section.

(“(b) Grants.— From funds provided under subsection (a), the Secretary shall— use $800,000,000 for the purposes of identifying homeless children and youth and providing homeless children and youth with— wrap-around services in light of the challenges of COVID–19; and assistance needed to enable homeless children and youth to attend school and participate fully in school activities; and from the remaining amounts, make grants to each State educational agency in accordance with this section.

(“(c) Allocations to States.— The amount of each grant under subsection (b) shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6311 et seq.] in the most recent fiscal year.

(“(d) Subgrants to Local Educational Agencies.— Each State shall allocate not less than 90 percent of the grant funds awarded to the State under this section as subgrants to local educational agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local educational agencies and charter schools that are local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 in the most recent fiscal year. Each State shall make allocations under paragraph (1) to local educational agencies in an expedited and timely manner and, to the extent practicable, not later than 60 days after the receipt of such funds.

(“(e) Uses of Funds.— A local educational agency that receives funds under this section— 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 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), students experiencing homelessness, and children and youth in foster care; and shall use the remaining funds for any of the following: Any activity authorized by the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 et seq.]. Any activity authorized by the Individuals with Disabilities Education Act [ 20 U.S.C. 1400 et seq.]. Any activity authorized by the Adult Education and Family Literacy Act [two Acts with that Short Title: 20 U.S.C. 9201 et seq.; 29 U.S.C. 3271 et seq.]. Any activity authorized by the Carl D. Perkins Career and Technical Education Act of 2006 [ 20 U.S.C. 2301 et seq.]. 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. 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. Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies. Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases. Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency. 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. 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. Providing mental health services and supports, including through the implementation of evidence-based full-service community schools. 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. 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— 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; implementing evidence-based activities to meet the comprehensive needs of students; providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment; and tracking student attendance and improving student engagement in distance education. 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. 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. 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. 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) State Funding.— With funds not otherwise allocated under subsection (d), a State— 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 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), students experiencing homelessness, and children and youth in foster care, including by providing additional support to local educational agencies to fully address such impacts; 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 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), students experiencing homelessness, and children and youth in foster care; 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 ( 20 U.S.C. 6311(b)(2)(B)(xi) ), students experiencing homelessness, and children and youth in foster care; and 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) Reallocation.— A State shall return to the Secretary any funds received under this section that the State does not award within 1 year of receiving such funds and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (c).

(“(h) Definitions.— In this section— 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 ( 20 U.S.C. 7801 ); 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 ( 20 U.S.C. 7272(2) ); and the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(“(i) Safe Return to In-person Instruction.— A local educational agency receiving funds under this section shall develop and make publicly available on the local educational agency’s website, not later than 30 days after receiving the allocation of funds described in paragraph (d)(1), a plan for the safe return to in-person instruction and continuity of services. Before making the plan described in paragraph (1) publicly available, the local educational agency shall seek public comment on the plan and take such comments into account in the development of the plan. If a local educational agency has developed a plan for the safe return to in-person instruction before the date of enactment of this Act [ Mar. 11, 2021 ] that meets the requirements described in paragraphs (1) and (2), such plan shall be deemed to satisfy the requirements under this subsection.

“SEC. 2002 EMERGENCY ASSISTANCE TO NON-PUBLIC SCHOOLS.

(“(a) In General.— In addition to amounts otherwise available through the Emergency Assistance to Non-Public Schools Program, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,750,000,000, to remain available through September 30, 2023 , for making allocations to Governors under the Emergency Assistance to Non-Public Schools Program to provide services or assistance to non-public schools that enroll a significant percentage of low-income students and are most impacted by the qualifying emergency.

(“(b) Limitations.— Funds provided under subsection (a) shall not be used to provide reimbursements to any non-public school.

“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, $39, 584, 570, 000, t ore maina v ai l ab l e t h ro ug h S e pt e mb er 30, 2023, f or makin g a ll oc a t i o n s t o in s t i t u t i o n so f hi g h ere d u c a t i o nina ccor d an ce w i t h t h es am e t er m s an d co n d i t i o n so f sec t i o n 314 o f t h e C oro na v i r u s R es p o n se an d R e l i e f S u ppl e m e n t a l A pp ro p r ia t i o n s A c t, 2021 (d i v i s i o n M o f P u b l i c L a w 116-260) [se t o u t inan o t e b e l o w], e x ce ptt ha t — s u b sec t i o n (a) (1) o f s u c h sec t i o n 314 s ha ll b e a ppl i e d b ys u b s t i t u t in g ‘91 p erce n t ’ f or ‘89 p erce n t ’; s u b sec t i o n (a) (2) o f s u c h sec t i o n 314 s ha ll b e a ppl i e d — in t h e ma tt er p rece d in g s u b p a r a g r a p h (A), b ys u b s t i t u t in g ‘ u n d er t h e h e a d in g “ H i g h er E d u c a t i o n ” in t h eDe p a r t m e n t o f E d u c a t i o n A pp ro p r ia t i o n s A c t, 2020 [t i tl e III o fd i v . A o f P u b . L .116-94, 133 St a t .2593] ’ f or ‘ in t h e F u r t h er C o n so l i d a t e d A pp ro p r ia t i o n s A c t, 2020 (P u b l i c L a w 116-94) ’; an d in s u b p a r a g r a p h (B), b ys u b s t i t u t in g ‘ u n d er t h e h e a d in g “ H i g h er E d u c a t i o n ” in t h eDe p a r t m e n t o f E d u c a t i o n A pp ro p r ia t i o n s A c t, 2020’ f or ‘ in t h e F u r t h er C o n so l i d a t e d A pp ro p r ia t i o n s A c t, 2020 (P u b l i c L a w 116-94) ’; anin s t i t u t i o n t ha t rece i v es ana ll oc a t i o na pp or t i o n e d ina ccor d an ce w i t h c l a u se (iii) o f s u b sec t i o n (a) (2) (A) o f s u c h sec t i o n 314 t ha t ha s a t o t a l e n d o w m e n t s i zeo f l ess t han$ 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); subsection (a)(4) of such section 314 shall be applied by substituting ‘1 percent’ for ‘3 percent’; 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— implement evidence-based practices to monitor and suppress coronavirus in accordance with public health guidelines; and 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 ( 20 U.S.C. 1087tt ); the following shall not apply to funds provided or received in accordance with this section— subsection (b) of such section 314; paragraph (2) of subsection (c) of such section 314; paragraphs (1), (2), (4), (5), (6), and (8) of subsection (d) of such section 314; subsections (e) and (f) of such section 314; and section 316 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260 ) [set out in a note below]; and 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) State Maintenance of Effort.— As a condition of receiving funds under section 2001, a State shall maintain support for elementary and secondary education, and for higher education (which shall include State funding to institutions of higher education and State need-based financial aid, and shall not include support for capital projects or for research and development or tuition and fees paid by students), in each of fiscal years 2022 and 2023 at least at the proportional levels of such State’s support for elementary and secondary education and for higher education relative to such State’s overall spending, averaged over fiscal years 2017, 2018, and 2019. For the purpose of relieving fiscal burdens incurred by States in preventing, preparing for, and responding to the coronavirus, the Secretary of Education may waive any maintenance of effort requirements associated with the Education Stabilization Fund.

(“(b) State Maintenance of Equity.— As a condition of receiving funds under section 2001, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding (as calculated on a per-pupil basis) for any high-need local educational agency in the State by an amount that exceeds the overall per-pupil reduction in State funds, if any, across all local educational agencies in such State in such fiscal year. Notwithstanding paragraph (1), as a condition of receiving funds under section 2001, a State educational agency shall not, in fiscal year 2022 or 2023, reduce State funding (as calculated on a per-pupil basis) for any highest poverty local educational agency below the level of funding (as calculated on a per-pupil basis) provided to each such local educational agency in fiscal year 2019.

(“(c) Local Educational Agency Maintenance of Equity for High-poverty Schools.— As a condition of receiving funds under section 2001, a local educational agency shall not, in fiscal year 2022 or 2023— 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— 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 the number of children enrolled in all schools served by the local educational agency in such fiscal year; or reduce per-pupil, full-time equivalent staff in any high-poverty school by an amount that exceeds— 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 the number of children enrolled in all schools served by the local educational agency in such fiscal year. Paragraph (1) shall not apply to a local educational agency in fiscal year 2022 or 2023 that meets at least 1 of the following criteria in such fiscal year: Such local educational agency has a total enrollment of less than 1,000 students. Such local educational agency operates a single school. Such local educational agency serves all students within each grade span with a single school. 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) Definitions.— In this section: The terms ‘elementary education’ and ‘secondary education’ have the meaning given such terms under State law. The term ‘highest poverty local educational agency’ means a local educational agency that is among the group of local educational agencies in the State that— 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 collectively serve not less than 20 percent of the State’s total enrollment of students served by all local educational agencies in the State. The term ‘high-need local educational agency’ means a local educational agency that is among the group of local educational agencies in the State that— 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 collectively serve not less than 50 percent of the State’s total enrollment of students served by all local educational agencies in the State. The term ‘high-poverty school’ means, with respect to a school served by a local educational agency, a school that is in the highest quartile of schools served by such local educational agency based on the percentage of economically disadvantaged students served, as determined by the State in accordance with subparagraph (B). In making the determination under subparagraph (A), a State shall select a measure of poverty established for the purposes of this paragraph by the Secretary of Education and apply such measure consistently to all schools in the State. The term ‘overall per-pupil reduction in State funds’ means, with respect to a fiscal year— 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 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. The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.”

“Sec. 311

(a) Allocations.— From the amount made available under this heading [probably means the heading “ education stabilization fund ” under the heading “DEPARTMENT OF EDUCATION”, 134 Stat. 1924 ] in this Act [div. M of Pub. L. 116–260 , see Tables for classification] to carry out the Education Stabilization Fund, the Secretary shall first allocate— 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 ( Public Law 116–136 ) [set out below]; and 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 ( Public Law 116–136 ), for BIE-operated and funded elementary and secondary schools and Tribal Colleges and Universities, except that funding shall be allocated as follows: 60 percent for Bureau-funded schools, as defined in 25 U.S.C. 2021 , provided that such schools may not be required to submit a spending plan before receipt of funding. 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’) [ 20 U.S.C. 1059c(d)(3) ].

(“(b) Reservations.— After carrying out subsection (a), the Secretary shall reserve the remaining funds made available as follows: 5 percent to carry out section 312 of this title . 67 percent to carry out section 313 of this title . 28 percent to carry out section 314 of this title . “governor’s emergency education relief fund

“Sec. 312

(a) Program Authorized.— From funds reserved under section 311(b)(1) of this title and not reserved under paragraph (2), the Secretary shall make supplemental Emergency Education Relief grants to the Governor of each State with an approved application under section 18002 of division B of the CARES Act ( Public Law 116–136 ) [set out below]. The Secretary shall award funds under this section to the Governor of each State with an approved application within 30 calendar days of the date of enactment of this Act [ Dec. 27, 2020 ]. From funds made available under section 311(b)(1) of this title , the Secretary shall reserve $2,750,000,000 of such funds to provide Emergency Assistance to Non-Public Schools grants, in accordance with subsection (d), to the Governor of each State with an approved application under subsection (d)(2).

(“(b) Allocations.— The amount of each grant under subsection (a)(1) shall be allocated by the Secretary to each State as follows: 60 percent on the basis of their relative population of individuals aged 5 through 24. 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’) [ 20 U.S.C. 6333(c) ].

(“(c) Uses of Funds.— Grant funds awarded under subsection (a)(1) may be used to— 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; 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 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 section 313(d)(1) of this title or the HEA [ 20 U.S.C. 1001 et seq.]; the provision of child care and early childhood education, social and emotional support; and the protection of education-related jobs.

(“(d) Emergency Assistance to Non-Public Schools.— With funds reserved under subsection (a)(2), the Secretary shall allot the amount described in subparagraph (B) to the Governor of each State with an approved application under paragraph (2) in order to provide services or assistance to non-public schools under this subsection. The Governor shall designate the State educational agency to administer the program authorized under this subsection. An allotment for a State under subparagraph (A) shall be in the amount that bears the same relationship to the total amount of the funds reserved under subsection (a)(2) as the number of children aged 5 through 17 at or below 185 percent of poverty who are enrolled in non-public schools in the State (as determined by the Secretary on the basis of the best available data) bears to the total number of all such children in all States. The Secretary shall— 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 approve or deny an application not later than 15 days after the receipt of the application. The Governor of each State, in consultation with their respective State educational agency, shall include in the application submitted under this paragraph an assurance that the State educational agency will— distribute information about the program to non-public schools and make the information and the application easily available; process all applications submitted promptly, in accordance with subparagraph (3)(A)(ii); in providing services or assistance to non-public schools, ensure that services or assistance is provided to any non-public school that— is a non-public school described in paragraph (3)(C); submits an application that meets the requirements of paragraph (3)(B); and requests services or assistance allowable under paragraph (4); 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 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). A State educational agency receiving funds from the Governor under this subsection shall— 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 approve or deny an application not later than 30 days after the receipt of the application. Each non-public school desiring services or assistance under this subsection shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may reasonably require to ensure expedited and timely provision of services or assistance to the non-public school, which shall include— the number and percentage of students from low-income families enrolled by such non-public school in the 2019–2020 school year; 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 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 ( 15 U.S.C. 636(a) ) that was made before the date of enactment of this Act and the amount of any such loan received. A State educational agency receiving funds under this subsection shall prioritize services or assistance to non-public schools that enroll low-income students and are most impacted by the qualifying emergency. A non-public school receiving services or assistance under this subsection shall use such services or assistance to address educational disruptions resulting from the qualifying emergency for— supplies to sanitize, disinfect, and clean school facilities; personal protective equipment; improving ventilation systems, including windows or portable air purification systems to ensure healthy air in the non-public school; training and professional development for staff on sanitation, the use of personal protective equipment, and minimizing the spread of infectious diseases; physical barriers to facilitate social distancing; 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; 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; educational technology (including hardware, software, connectivity, assistive technology, and adaptive equipment) to assist students, educators, and other staff with remote or hybrid learning; redeveloping instructional plans, including curriculum development, for remote learning, hybrid learning, or to address learning loss; 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; reasonable transportation costs; initiating and maintaining education and support services or assistance for remote learning, hybrid learning, or to address learning loss; or 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 ( 15 U.S.C. 636(a) ) as of the day prior to the date of enactment of this Act shall not be eligible for reimbursements described in this paragraph for any expenses reimbursed through such loan. A State educational agency receiving funds under this subsection may reserve not more than the greater of $200,000 or one-half of 1 percent of such funds to administer the services and assistance provided under this subsection to non-public schools. Notwithstanding paragraph (1)(A), each State educational agency receiving funds under this subsection that complies with paragraph (2) but has unobligated funds remaining 6 months after receiving funds under this subsection shall return such remaining unobligated funds to the Governor, to use for any use authorized under subsection (c). The control of funds for the services or assistance provided to a non-public school under this subsection, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, services, assistance, materials, equipment, and property. The provision of services or assistance to a non-public school under this subsection shall be provided— by employees of a public agency; or through contract by such public agency with an individual, association, agency, or organization. In the provision of services or assistance described in clause (i), such employee, individual, association, agency, or organization shall be independent of the non-public school receiving such services or assistance, and such employment and contracts shall be under the control and supervision of such public agency described in subparagraph (A). All services or assistance provided under this subsection, including providing equipment, materials, and any other items, shall be secular, neutral, and non-ideological. [sic] In order to be eligible to receive services or assistance under this subsection, a non-public school shall submit to the State an assurance, including any documentation required by the Secretary, that such non-public school did not, and will not, apply for and receive a loan under paragraphs (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (36),) that is made on or after the date of enactment of this Act. A non-public school that received a loan guaranteed under paragraph (36) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) that was made before the date of enactment of this Act shall be eligible to receive services or assistance under this subsection.

(“(e) Restrictions.— Funds provided under this section shall not be used— to provide direct or indirect financial assistance to scholarship granting organizations or related entities for elementary or secondary education; or to provide or support vouchers, tuition tax credit programs, education savings accounts, scholarships, scholarship programs, or tuition-assistance programs for elementary or secondary education. Notwithstanding paragraph (1), a State may use funds provided under subsection (a)(1) to provide assistance prohibited under paragraph (1) only to students who receive or received such assistance with funds provided under section 18002(a) of division B of the CARES Act [ Pub. L. 116–136 ] ( 20 U.S.C. 3401 note), for the 2020–2021 school year and only for the same assistance provided such students under such section. Nothing in this subsection shall be interpreted to apply any additional restrictions to funds provided in section 18002(a) of division B of the CARES Act ( 20 U.S.C. 3401 note).

(“(f) Reallocation.— Each Governor shall return to the Secretary any funds received under paragraph (1) or (2) of subsection (a) that the Governor does not award or obligate not later than 1 year after the date of receipt of such funds, and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (b) for uses authorized under subsection (c). “elementary and secondary school emergency relief fund

“Sec. 313

(a) Grants.— From funds reserved under section 311(b)(2) of this title , the Secretary shall make supplemental elementary and secondary school emergency relief grants to each State educational agency with an approved application under section 18003 of division B of the CARES Act ( Public Law 116–136 ) [set out below]. The Secretary shall award funds under this section to each State educational agency with an approved application within 30 calendar days of the date of enactment of this Act [ Dec. 27, 2020 ].

(“(b) Allocations to States.— The amount of each grant under subsection (a) shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the ESEA of 1965 [ 20 U.S.C. 6311 et seq.] in the most recent fiscal year.

(“(c) Subgrants to Local Educational Agencies.— Each State shall allocate not less than 90 percent of the grant funds awarded to the State under this section as subgrants to local educational agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local educational agencies and charter schools that are local educational agencies received under part A of title I of the ESEA of 1965 in the most recent fiscal year.

(“(d) Uses of Funds.— A local educational agency that receives funds under this section may use the funds for any of the following: Any activity authorized by the ESEA of 1965, including the Native Hawaiian Education Act [ 20 U.S.C. 7511 et seq.] and the Alaska Native Educational Equity, Support, and Assistance Act ( 20 U.S.C. 6301 et seq.) [ 20 U.S.C. 7541 et seq.], the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) (‘IDEA’), the Adult Education and Family Literacy Act ( 20 U.S.C. 1400 et seq.) [ 29 U.S.C. 3271 et seq.], the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.) (‘the Perkins Act’), or subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.). 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. Providing principals and others school leaders with the resources necessary to address the needs of their individual schools. 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. Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies. Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases. Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency. 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 [ 20 U.S.C. 1400 et seq.] and ensuring other educational services can continue to be provided consistent with all Federal, State, and local requirements. 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. Providing mental health services and supports. 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. 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— 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. Implementing evidence-based activities to meet the comprehensive needs of students. Providing information and assistance to parents and families on how they can effectively support students, including in a distance learning environment. Tracking student attendance and improving student engagement in distance education. 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. 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. 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) State Funding.— With funds not otherwise allocated under subsection (c), a State may reserve not more than one-half of 1 percent for administrative costs and the remainder for emergency needs as determined by the state educational agency to address issues responding to coronavirus, including measuring and addressing learning loss, which may be addressed through the use of grants or contracts.

(“(f) Report.— A State receiving funds under this section shall submit a report to the Secretary, not later than 6 months after receiving funding provided in this Act, in such manner and with such subsequent frequency as the Secretary may require, that provides a detailed accounting of the use of funds provided under this section, including how the State is using funds to measure and address learning loss among students disproportionately affected by coronavirus and school closures, including low-income students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children and youth in foster care.

“Sec. 314

(a) In General.— From funds reserved under section 311(b)(3) of this title the Secretary shall allocate amounts to institutions of higher education with an approved application as follows: 89 percent to each institution of higher education as defined in section 101 or section 102(c) of the HEA [ 20 U.S.C. 1001 , 1002(c)] to prevent, prepare for, and respond to coronavirus, by apportioning it— 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; 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; 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; 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; 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 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. 7.5 percent for additional awards under parts A and B of title III [ 20 U.S.C. 1057 et seq., 1060 et seq.], parts A and B of title V [ 20 U.S.C. 1101 et seq., 1102 et seq.], and subpart 4 of part A of title VII [ 20 U.S.C. 1136a et seq.] of the HEA to address needs directly related to coronavirus, that shall be in addition to awards made in subsection (a)(1), and allocated by the Secretary proportionally to such programs based on the relative share of funding appropriated to such programs in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 [see Tables for classification]) and distributed to eligible institutions of higher education, except as otherwise provided in subparagraphs (A) through (C), on the basis of the formula described in subparagraphs (A) through (F) of subsection (a)(1): 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: 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; 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 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; For eligible institutions under section 326 of the HEA [ 20 U.S.C. 1063b ], the Secretary shall allot to each eligible institution an amount in proportion to the award received from funding for such institutions in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ); and For eligible institutions under section 316 of the HEA [ 20 U.S.C. 1059c ], the Secretary shall allot funding according to the formula in section 316(d)(3) of the HEA. 0.5 percent for part B of title VII of the HEA [ 20 U.S.C. 1138 et seq.] for institutions of higher education that the Secretary determines have, after allocating other funds available under this section, the greatest unmet needs related to coronavirus, including institutions of higher education with large populations of graduate students and institutions of higher education that did not otherwise receive an allocation under this section. In awarding funds under this paragraph, the Secretary shall publish an application for such funds no later than 60 calendar days of enactment of this Act [ Dec. 27, 2020 ], and shall provide a briefing to the Committees on Appropriations of the House of Representatives and the Senate no later than 7 days prior to publishing such application. 3 percent to institutions of higher education as defined in section 102(b) of the HEA [ 20 U.S.C. 1002(b) ] allocated on the basis of the formula described in subparagraphs (A) through (F) of subsection (a)(1).

(“(b) The funds made available to each institution under subsection (a)(1) shall be distributed by the Secretary using the same systems as the Secretary otherwise distributes funding to institutions under title IV of the HEA [ 20 U.S.C. 1070 et seq.]. The Secretary shall allocate amounts to institutions of higher education under this section, to the extent practicable, as follows: under subsections (a)(1) and (a)(4) within 30 calendar days of the date of enactment of this Act; under subsection (a)(2) within 60 calendar days of the date of enactment of this Act; and under subsection (a)(3) within 120 calendar days of enactment of this Act.

(“(c) Uses of Funds.— An institution of higher education receiving funds under this section may use the funds received to— 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); carry out student support activities authorized by the HEA that address needs related to coronavirus; or 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) Special Provisions.— 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 [ 20 U.S.C. 1051 et seq., 1101 et seq., and 1133 et seq.] to prevent, prepare for, and respond to coronavirus. An institution of higher education awarded funds under section 18004 of division B of the CARES Act ( Public Law 116–136 ) [set out below] prior to the date of enactment of this Act may use those funds under the terms and conditions of section 314(c) of this title , subject to the requirements in paragraph (5). Amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 [title II of Pub. L. 99–177 , see Tables for classification] are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [ 2 U.S.C. 901(b)(2)(A)(i) ]. 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. 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 ( Public Law 116–136 ) [set out below] or under the heading “Safe Schools and Citizenship Education” of such Act shall be used by the Secretary to carry out section 314(a)(1) of this title : Provided , That amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Institutions of higher education receiving allocations under section 314(a)(1) of this title shall provide at least the same amount of funding in emergency financial aid grants to students as was required to be provided under sections 18004(a)(1) and (c) of division B of the CARES Act ( Public Law 116–136 ). An institution of higher education that repurposes funds pursuant to paragraph (2) shall ensure that not less than 50 percent of the funds received under section 18004(a)(1) of division B of the CARES Act ( Public Law 116–136 ) are used for financial aid grants to students under either section 18004(c) of division B of the CARES Act or section 314(c)(3) of this title , or a combination of those sections: Provided , That amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 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 [ 20 U.S.C. 1087–58 ]. The Secretary may waive the requirements of subparagraph (A) if, upon application, an institution of higher education demonstrates need (including need for additional funding for financial aid grants to students, payroll expenses, or other expenditures) for the total amount of funds such institution is allocated under section 314(a)(1) of this title . The Secretary shall provide and make publicly available a written justification for the denial of any application for a waiver under this subparagraph. An institution of higher education as defined in section 102(b) of the HEA [ 20 U.S.C. 1002(b) ] may only use funds received under this section for activities described in subsection (c)(3). An institution of higher education with an approved application under section 18004(a) of division B of the CARES Act ( Public Law 116–136 ) prior to the date of enactment of this Act shall not be required to submit a new or revised application to receive funds under this section provided such funds are subject to the terms and conditions of this section. 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) Report.— An institution receiving funds under this section shall submit a report to the Secretary, not later than 6 months after receiving funding provided in this Act [div. M of Pub. L. 116–260 , see Tables for classification], in such manner and with such subsequent frequency as the Secretary may require, that provides a detailed accounting of the use of funds provided under this section.

(“(f) Reallocation.— Any funds allocated to an institution of higher education under this section on the basis of a formula described in subsections (a)(1), (a)(2), and (a)(4) but for which an institution does not apply for funding within 90 days of the publication of the notice inviting applications, shall be reallocated to eligible institutions that had submitted an application by such date in accordance with the formula described in subsection (a)(1). “continued payment to employees

“Sec. 315

A local educational agency, State, institution of higher education, or other entity that receives funds provided under the heading ‘Education Stabilization Fund’, shall, to the greatest extent practicable, continue to pay its employees and contractors during the period of any disruptions or closures related to coronavirus. “definitions

“Sec. 316

Except as otherwise provided in sections 311 through 316 of this title, as used in such sections— the terms ‘elementary education’ and ‘secondary education’ have the meaning given such terms under State law; the term ‘institution of higher education’ has the meaning given such term in title I of the HEA [ 20 U.S.C. 1001 et seq.]; the term ‘Secretary’ means the Secretary of Education; the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; the term ‘cost of attendance’ has the meaning given such term in section 472 of the HEA [ 20 U.S.C. 1087 ll ]; the term ‘Non-public school’ means a non-public elementary and secondary school that— is accredited, licensed, or otherwise operates in accordance with State law; and was in existence prior to the date of the qualifying emergency for which grants are awarded under this title; the term ‘public school’ means a public elementary or secondary school; any other term used that is defined in section 8101 of the ESEA of 1965 [ 20 U.S.C. 7801 ] shall have the meaning given the term in such section; and the term ‘qualifying emergency’ has the meaning given the term in section 3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) [ 20 U.S.C. 1001 note]. “maintenance of effort

“Sec. 317

(a) At the time of award of funds to carry out sections 312 or 313 of this title, a State shall provide assurances that such State will maintain support for elementary and secondary education, and for higher education (which shall include State funding to institutions of higher education and state need-based financial aid, and shall not include support for capital projects or for research and development or tuition and fees paid by students) in fiscal year 2022 at least at the proportional levels of such State’s support for elementary and secondary education and for higher education relative to such State’s overall spending, averaged over fiscal years 2017, 2018, and 2019.

(“(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.”

“Sec. 18001

(“(b) Reservations.— After carrying out subsection (a), the Secretary shall reserve the remaining funds made available as follows: 9.8 percent to carry out section 18002 of this title . 43.9 percent to carry out section 18003 of this title . 46.3 percent to carry out section 18004 of this title . “governor’s emergency education relief fund

“Sec. 18002

(a) Grants.— From funds reserved under section 18001(b)(1) of this title , the Secretary shall make Emergency Education Relief grants to the Governor of each State with an approved application. The Secretary shall issue a notice inviting applications not later than 30 days of enactment of this Act [ Mar. 27, 2020 ] and shall approve or deny applications not later than 30 days after receipt.

(“(b) Allocations.— The amount of each grant under subsection (a) shall be allocated by the Secretary to each State as follows: 60 percent on the basis of their relative population of individuals aged 5 through 24. 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 [ 20 U.S.C. 6333(c) ] (referred to under this heading as ‘ESEA’).

(“(c) Uses of Funds.— Grant funds awarded under subsection (b) may be used to— 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; 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 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 section 18003(d)(1) of this title or the Higher Education Act [of 1965, 20 U.S.C. 1001 et seq.], the provision of child care and early childhood education, social and emotional support, and the protection of education-related jobs.

(“(d) Reallocation.— Each Governor shall return to the Secretary any funds received under this section that the Governor does not award within one year of receiving such funds and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (b). “elementary and secondary school emergency relief fund

“Sec. 18003

(a) Grants.— From funds reserved under section 18001(b)(2) of this title , the Secretary shall make elementary and secondary school emergency relief grants to each State educational agency with an approved application. 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.

(“(d) Uses of Funds.— A local educational agency that receives funds under this title [title VIII of div. B of Pub. L. 116–136 , see Tables for classification] may use the funds for any of the following: Any activity authorized by the ESEA of 1965, including the Native Hawaiian Education Act [ 20 U.S.C. 7511 et seq.] and the Alaska Native Educational Equity, Support, and Assistance Act ( 20 U.S.C. 6301 et seq.) [ 20 U.S.C. 7541 et seq.], the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) (‘IDEA’), the Adult Education and Family Literacy Act ( 20 U.S.C. 1400 et seq.) [ 29 U.S.C. 3271 et seq.], the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.) (‘the Perkins Act’), or subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.). 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. Providing principals and others school leaders with the resources necessary to address the needs of their individual schools. 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. Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies. Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases. Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency. 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 ( 20 U.S.C. 1401 [1400] et seq.) and how to ensure other educational services can continue to be provided consistent with all Federal, State, and local requirements. 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. Providing mental health services and supports. 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. 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) State Funding.— With funds not otherwise allocated under subsection (c), a State may reserve not more than 1/2 of 1 percent 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.

(“(f) Reallocation.— A State shall return to the Secretary any funds received under this section that the State does not award within 1 year of receiving such funds and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (b). “higher education emergency relief fund

“Sec. 18004

(a) In General.— The Secretary shall allocate funding under this section as follows: 90 percent to each institution of higher education to prevent, prepare for, and respond to coronavirus, by apportioning it— 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 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. 7.5 percent for additional awards under parts A and B of title III [ 20 U.S.C. 1057 et seq., 1060 et seq.], parts A and B of title V [ 20 U.S.C. 1101 et seq., 1102 et seq.], and subpart 4 of part A of title VII [ 20 U.S.C. 1136a et seq.] of the Higher Education Act [of 1965] to address needs directly related to coronavirus, that shall be in addition to awards made in section 18004(a)(1) of this title , and allocated by the Secretary proportionally to such programs based on the relative share of funding appropriated to such programs in the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 [see Tables for classification]) and which may be used to defray expenses (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, payroll) incurred by institutions of higher education and for grants to students for any component of the student’s cost of attendance (as defined under section 472 of the Higher Education Act [ 20 U.S.C. 1087 ll ]), including food, housing, course materials, technology, health care, and child care. 2.5 percent for part B of title VII of the Higher Education Act [ 20 U.S.C. 1138 et seq.] for institutions of higher education that the Secretary determines have the greatest unmet needs related to coronavirus, which may be used to defray expenses (including lost revenue, reimbursement for expenses already incurred, technology costs associated with a transition to distance education, faculty and staff trainings, payroll) incurred by institutions of higher education and for grants to students for any component of the student’s cost of attendance (as defined under section 472 of the Higher Education Act), including food, housing, course materials, technology, health care, and child care.

(“(b) Distribution.— The funds made available to each institution under subsection (a)(1) shall be distributed by the Secretary using the same systems as the Secretary otherwise distributes funding to each institution under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. [ 20 U.S.C. 1070 et seq.]).

(“(c) Uses of Funds.— Except as otherwise specified in subsection (a), an institution of higher education receiving funds under this section may use the funds received to cover any costs associated with significant changes to the delivery of instruction due to the coronavirus, so long as such costs do not include payment to contractors for the provision of pre-enrollment recruitment activities; endowments; or capital outlays associated with facilities related to athletics, sectarian instruction, or religious worship. Institutions of higher education shall use no less than 50 percent of such funds to provide emergency financial aid grants to students for expenses related to the disruption of campus operations due to coronavirus (including eligible expenses under a student’s cost of attendance, such as food, housing, course materials, technology, health care, and child care).

(“(d) Special Provisions.— In awarding grants under section 18004(a)(3) of this title , the Secretary shall give priority to any institution of higher education that is not otherwise eligible for funding under paragraphs (1) and (2) of section 18004(a) of this title of at least $500,000 and demonstrates significant unmet needs related to expenses associated with coronavirus. 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 [ 20 U.S.C. 1051 et seq., 1101 et seq., and 1133 et seq.] to prevent, prepare for, and respond to coronavirus.

(“(e) Report.— An institution receiving funds under this section shall submit a report to the Secretary, at such time and in such manner as the Secretary may require, that describes the use of funds provided under this section. “assistance to non-public schools

“Sec. 18005

(a) In General.— A local educational agency receiving funds under sections 18002 or 18003 of this title shall provide equitable services in the same manner as provided under section 1117 of the ESEA of 1965 [ 20 U.S.C. 6320 ] to students and teachers in non-public schools, as determined in consultation with representatives of non-public schools.

(“(b) Public Control of Funds.— The control of funds for the services and assistance provided to a non-public school under subsection (a), and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property and shall provide such services (or may contract for the provision of such services with a public or private entity). “continued payment to employees

“Sec. 18006

A local educational agency, State, institution of higher education, or other entity that receives funds under ‘Education Stabilization Fund’, shall to the greatest extent practicable, continue to pay its employees and contractors during the period of any disruptions or closures related to coronavirus. “definitions

“Sec. 18007

Except as otherwise provided in sections 18001–18006 of this title, as used in such sections— the terms ‘elementary education’ and ‘secondary education’ have the meaning given such terms under State law; the term ‘institution of higher education’ has the meaning given such term in title I of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.); the term ‘Secretary’ means the Secretary of Education; the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; the term ‘cost of attendance’ has the meaning given such term in section 472 of the Higher Education Act of 1965 [ 20 U.S.C. 1087 ll ]. 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; the term ‘public school’ means a public elementary or secondary school; and any other term used that is defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) shall have the meaning given the term in such section. “maintenance of effort

“Sec. 18008

(a) A State’s application for funds to carry out sections 18002 or 18003 of this title shall include assurances that the State will maintain support for elementary and secondary education, and State support for higher education (which shall include State funding to institutions of higher education and state need-based financial aid, and shall not include support for capital projects or for research and development or tuition and fees paid by students) in fiscal years 2020 and 2021 at least at the levels of such support that is the average of such State’s support for elementary and secondary education and for higher education provided in the 3 fiscal years preceding the date of enactment of this Act [ Mar. 27, 2020 ].

(“(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.”

§ 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— to strengthen the Federal commitment to ensuring access to equal educational opportunity for every individual; 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; to encourage the increased involvement of the public, parents, and students in Federal education programs; to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and sharing of information; to improve the coordination of Federal education programs; 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 to increase the accountability of Federal education programs to the President, the Congress, and the public. ( Pub. L. 96–88, title I, § 102 , Oct. 17, 1979 , 93 Stat. 670 .)

§ 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.

§ 3404 Definitions

As used in this chapter, unless otherwise provided or indicated by the context— the term “Department” means the Department of Education or any component thereof; the term “Secretary” means the Secretary of Education; the term “Deputy Secretary” means the Deputy Secretary of Education; the term “function” includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; 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; the terms “private” and “private educational” refer to independent, nonpublic, and private institutions of elementary, secondary, and postsecondary education; and the term “office” includes any office, institute, council, unit, organizational entity, or component thereof. ( Pub. L. 96–88, title I, § 104 , Oct. 17, 1979 , 93 Stat. 671 ; Pub. L. 101–509, title V, § 529 [title I, § 112(a)(3)(A)] , Nov. 5, 1990 , 104 Stat. 1427 , 1454.)

§ 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. ( Pub. L. 96–88, title II, § 201 , Oct. 17, 1979 , 93 Stat. 671 .)

§ 3412 Principal officers

(a) Deputy Secretary of Education 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. 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. 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 There shall be in the Department— an Assistant Secretary for Elementary and Secondary Education; an Assistant Secretary for Postsecondary Education; an Assistant Secretary for Career, Technical, and Adult Education; an Assistant Secretary for Special Education and Rehabilitative Services; an Assistant Secretary for Civil Rights; and a General Counsel. 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. 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. 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 [ 20 U.S.C. 9514(a) ] and perform the duties described in that Act [ 20 U.S.C. 9501 et seq.].

(c) Inspector General There shall be in the Department an Inspector General appointed in accordance with chapter 4 of title 5.

(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— congressional relations functions; 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; 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; management and budget functions; 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 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 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. The Secretary shall appoint, not later than 6 months after July 23, 1992 , as the Liaison for Community and Junior Colleges a person who— has attained an associate degree from a community or junior college; or has been employed in a community or junior college setting for not less than 5 years. The Liaison for Community and Junior Colleges shall— serve as principal advisor to the Secretary on matters affecting community and junior colleges; provide guidance to programs within the Department dealing with functions affecting community and junior colleges; and work with the Federal Interagency Committee on Education to improve coordination of— the outreach programs in the numerous Federal departments and agencies that administer education and job training programs; collaborative business education partnerships; and education programs located in, and regarding, rural areas.

§ 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 section 3412(b) of this title . Notwithstanding the provisions of section 3472 of this title , the Secretary shall delegate to the Assistant Secretary for Civil Rights all functions, other than administrative and support functions, transferred to the Secretary under section 3441(a)(3) of this title .

(b) Compliance and enforcement reports; copies submitted to Secretary 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. 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— 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; 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 chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; 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 notwithstanding any other provision of this chapter, to obtain services as authorized by section 3109 of title 5 at a rate not to exceed the equivalent daily rate payable for grade GS–18 of the General Schedule under section 5332 of such title.

§ 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 section 3412(b) of this title . The Assistant Secretary shall administer such functions affecting elementary and secondary education, both public and private, as the Secretary shall delegate. There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education, an Office of Migrant Education, which shall be responsible for the administration of programs established by part C of title I of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6391 et seq.] and by subpart 5 of part A of title IV of the Higher Education Act of 1965 [ 20 U.S.C. 1070d–2 ]. ( Pub. L. 96–88, title II, § 204 , Oct. 17, 1979 , 93 Stat. 674 ; Pub. L. 98–511, title VII, § 701(a) , Oct. 19, 1984 , 98 Stat. 2405 ; Pub. L. 103–382, title III, § 391(h) , Oct. 20, 1994 , 108 Stat. 4023 .)

§ 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 section 3412(b) of this title . The Assistant Secretary shall administer such functions affecting postsecondary education, both public and private, as the Secretary shall delegate, and shall serve as the principal adviser to the Secretary on matters affecting postsecondary education.

(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— be an individual with extensive background and experience in international and foreign language education; 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 coordinate with related international and foreign language education programs of other Federal agencies.

§ 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 section 3412(b) of this title . The Assistant Secretary shall administer such functions affecting career, technical, and adult education as the Secretary shall delegate, and shall serve as principal adviser to the Secretary on matters affecting career, technical, and adult education. The Secretary, through the Assistant Secretary, shall also provide a unified approach to rural education and rural family education through the coordination of programs within the Department and shall work with the Federal Interagency Committee on Education to coordinate related activities and programs of other Federal departments and agencies. ( Pub. L. 96–88, title II, § 206 , Oct. 17, 1979 , 93 Stat. 674 ; Pub. L. 113–76, div. H, title III, § 307(a) , Jan. 17, 2014 , 128 Stat. 399 .)

§ 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 section 3412(b) of this title . Notwithstanding the provisions of section 3472 of this title , the Secretary shall delegate to the Assistant Secretary all functions, other than administrative and support functions, transferred to the Secretary under sections 3441(a)(1) of this title (with respect to the bureau for the education and training of the handicapped), 3441(a)(2)(H) of this title, and 3441(a)(4) of this title. ( Pub. L. 96–88, title II, § 207 , Oct. 17, 1979 , 93 Stat. 674 .)

§ 3418 Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

§ 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 [ 20 U.S.C. 9501 et seq.] by the Director appointed under section 114(a) of that Act [ 20 U.S.C. 9514(a) ]. ( Pub. L. 96–88, title II, § 208 , as added Pub. L. 107–279, title IV, § 402(2) , Nov. 5, 2002 , 116 Stat. 1985 .)

§ 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. ( Pub. L. 96–88, title II, § 209 , formerly § 210, Oct. 17, 1979 , 93 Stat. 675 ; renumbered § 209, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 ; amended Pub. L. 107–110, title X, § 1072(b) , (c)(2)(A), (d), Jan. 8, 2002 , 115 Stat. 2089 .)

§ 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 section 3412(b) of this title . The General Counsel shall provide legal assistance to the Secretary concerning the programs and policies of the Department. ( Pub. L. 96–88, title II, § 210 , formerly § 211, Oct. 17, 1979 , 93 Stat. 675 ; renumbered § 210, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 .)

§ 3422 Office of Inspector General

There shall be in the Department an Office of Inspector General, established in accordance with chapter 4 of title 5. ( Pub. L. 96–88, title II, § 211 , formerly § 212, Oct. 17, 1979 , 93 Stat. 675 ; renumbered § 211, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 ; amended Pub. L. 117–286, § 4(b)(41) , Dec. 27, 2022 , 136 Stat. 4348 .)

§ 3423 Repealed. Pub. L. 101–392, title VI, § 602(a)(1), Sept. 25, 1990, 104 Stat. 840

§ 3423a Office of Correctional Education

(a) Findings The Congress finds and declares that— education is important to, and makes a significant contribution to, the readjustment of incarcerated individuals to society; and 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— coordinate all correctional education programs within the Department of Education; provide technical support to State and local educational agencies and schools funded by the Bureau of Indian Affairs on correctional education programs and curricula; 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; cooperate with other Federal agencies carrying out correctional education programs to ensure coordination of such programs; consult with, and provide outreach to, State directors of correctional education and correctional educators; and 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— 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; the term “correctional institution” means any— prison, jail, reformatory, work farm, detention center, or halfway house, community-based rehabilitation center, or any other similar institution designed for the confinement or rehabilitation of criminal offenders; and 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.

§ 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. ( Pub. L. 96–88, title II, § 214 , as added Pub. L. 103–382, title II, § 271(c) , Oct. 20, 1994 , 108 Stat. 3929 .)

§ 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 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. The Director shall— be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 7401 et seq.]; 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; coordinate the development of policy and practice for all programs in the Department relating to Indian persons; and 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 The Secretary shall give a preference to Indian persons in all personnel actions in the Office. Such preference shall be implemented in the same fashion as the preference given to any veteran under section 45 of title 25 .

§ 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 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. The Office shall be organized as the Director determines to be appropriate in order to carry out such functions and responsibilities effectively. 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.

§ 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— consistent administration and development of policies and practices among Federal agencies in the conduct of related programs; full and effective communication among Federal agencies to avoid unnecessary duplication of activities and repetitive collection of data; full and effective cooperation with the Secretary on such studies and analyses as are necessary to carry out the purposes of this chapter; coordination of related programs to assure that recipients of Federal assistance are efficiently and responsively served; and 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.

§ 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— 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; 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; 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 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 chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates).

(d) Experts and consultants The Secretary may obtain the services of experts and consultants in accordance with section 3109 of title 5 .

§ 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— has attained a certificate or degree from a proprietary institution of higher education; or 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— serve as the principal advisor to the Secretary on matters affecting proprietary institutions of higher education; provide guidance to programs within the Department that involve functions affecting proprietary institutions of higher education; and work with the Federal Interagency Committee on Education to improve the coordination of— the outreach programs in the numerous Federal departments and agencies that administer education and job training programs; collaborative business and education partnerships; and education programs located in, and involving, rural areas.

§ 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— serve as the principal advisor to the Department on Federal matters affecting the outlying areas; evaluate, on a periodic basis, the needs of education programs in the outlying areas; assist with the coordination of programs that serve the outlying areas; and 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.

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

(a) 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.

(b) 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.

(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— 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.

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

§ 3442 Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

§ 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).

§ 3444 Transfer of programs from National Science Foundation

(a) Science education; exceptions 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 [ 42 U.S.C. 1861 et seq.], except the programs or parts of programs, as determined after review by the Director of the Office of Science and Technology Policy and the Director of the National Science Foundation, which relate to— scientific career development; the continuing education of scientific personnel; increasing the participation of women, minorities, and the handicapped in careers in science; 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 informing the general public of the nature of science and technology and of attendant values and public policy issues. 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 section 3486 of this title shall include a description of arrangements, developed by the Secretary in consultation with the Director of the National Science Foundation, for coordinated planning and operation of science education programs, including measures to facilitate the implementations of successful innovations.

(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 [ 42 U.S.C. 1861 et seq.].

§ 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. ( Pub. L. 96–88, title III, § 304 , formerly § 305, Oct. 17, 1979 , 93 Stat. 680 ; renumbered § 304, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 .)

§ 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 [ 12 U.S.C. 1749 et seq.]. ( Pub. L. 96–88, title III, § 305 , formerly § 306, Oct. 17, 1979 , 93 Stat. 681 ; renumbered § 305, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 .)

§ 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. ( Pub. L. 96–88, title III, § 306 , formerly § 307, Oct. 17, 1979 , 93 Stat. 681 ; renumbered § 306, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 .)

§ 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 At the request of the Secretary, the Director of the Office of Personnel Management shall, under section 5108 of title 5 , provide for the establishment in each of the grade levels GS–16, GS–17, and GS–18 of a number of positions in the Department equal to the number of positions in that grade level which were used primarily for the performance of functions and offices transferred under this chapter and which were assigned and filled on the day before May 4, 1980 . Repealed. Pub. L. 107–279, title IV, § 403(3) , Nov. 5, 2002 , 116 Stat. 1985 . Appointments to positions provided for under this subsection may be made without regard to the provisions of section 3324 of title 5 , if the individual appointed in such position is an individual who is transferred in connection with the transfer of functions and offices under this chapter and, on the day preceding May 4, 1980 , holds a position and has duties comparable to those of the position to which appointed hereunder. 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. 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 section 3394 of title 5 . Such positions shall expire on the later of three years after May 4, 1980 , or three years after the initial appointment to each position. Positions in effect under this subsection shall be taken into account in applying the limitations on positions prescribed under section 3134(e) and section 5108 of such title.

(e) 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.

§ 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 section 3109 of title 5 and may compensate such experts and consultants at rates not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of such title.

(b) Special rule 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. 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.

§ 3463 Personnel reduction and annual limitations

(a) Work-years limitation; allocations; adjustments 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. The Secretary shall prescribe the allocation of the work-years available under paragraph (1) among the organizational units and components of the Department. If the President transmits any reorganization plan under chapter 9 of title 5 which would result in the transfer of functions or offices to the Secretary or the Department, the message transmitting the plan shall include any adjustments which may be necessary in a work-year limitation established under paragraph (1) to reflect changes in the work-years required as a result of such plan.

(b) 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 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 section 3109 of title 5 and all other part-time and full-time personnel employed to perform functions of the Secretary or the Department, except personnel employed under special programs for students and disadvantaged youth (including temporary summer employment). 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— 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; a statement of the number of employees entitled to pay savings by reason of the organization under this chapter; a statement of the number of employees who are voluntarily or involuntarily separated by reason of such reorganization; an estimate of the personnel costs associated with such reorganization; the effects of such reorganization on labor management relations; and such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary.

§ 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 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. The Secretary is authorized to delegate reporting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department.

§ 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. ( Pub. L. 96–88, title IV, § 412 , Oct. 17, 1979 , 93 Stat. 684 .)

§ 3473 Reorganization of Department

(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— 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); the abolition of organizational entities established by this chapter; or 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 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: the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students; the Teacher Corps; the Community College Unit; the National Center for Education Statistics; the National Institute of Education; the Office of Environmental Education; the Office of Consumers’ Education; the Office of Indian Education; the Office of Career Education; the Office of Non-Public Education; the bureau for the education and training for the handicapped; and the administrative units for guidance and counseling programs, the veterans’ cost of instruction program, and the program for the gifted and talented children. 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.

§ 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. ( Pub. L. 96–88, title IV, § 414 , Oct. 17, 1979 , 93 Stat. 685 ; Pub. L. 99–145, title XII, § 1204(a)(5) , Nov. 8, 1985 , 99 Stat. 720 ; Pub. L. 103–382, title II, § 271(d)(1) , Oct. 20, 1994 , 108 Stat. 3930 .)

§ 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 section 3481 of this title .

§ 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. ( Pub. L. 96–88, title IV, § 416 , Oct. 17, 1979 , 93 Stat. 685 .)

§ 3477 Acquisition and maintenance of property

(a) Authorized properties; establishment of necessary facilities The Secretary is authorized— to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain— schools and related facilities (but only to the extent that operation of schools and related facilities by the Department is authorized by this chapter); laboratories; research and testing sites and facilities; quarters and related accommodations for employees and dependents of employees of the Department; and personal property (including patents), or any interest therein, as may be necessary; and 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 section 2564 of this title , shall also be available to the Secretary.

(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— emergency medical services and supplies; food and other subsistence supplies; dining facilities; audiovisual equipment, accessories, and supplies for recreation and training; reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons; living and working quarters and facilities; and 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 section 102(3) of title 40 .

(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.

§ 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: copyrights, patents, and applications for patents, designs, processes, and manufacturing data; licenses under copyrights, patents, and applications for patents; and releases, before suit is brought, for past infringement of patents or copyrights. ( Pub. L. 96–88, title IV, § 420 , Oct. 17, 1979 , 93 Stat. 687 .)

§ 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. ( Pub. L. 96–88, title IV, § 421 , Oct. 17, 1979 , 93 Stat. 687 ; Pub. L. 103–382, title II, § 271(d)(2) , Oct. 20, 1994 , 108 Stat. 3930 .)

§ 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— 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; central messenger, mail, telephone, and other communications services; office space, central services for document reproduction, and for graphics and visual aids; and 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. ( Pub. L. 116–260, div. H, title III, § 313 , Dec. 27, 2020 , 134 Stat. 1609 .)

§ 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. ( Pub. L. 96–88, title IV, § 424 , Oct. 17, 1979 , 93 Stat. 688 .)

§ 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. ( Pub. L. 96–88, title IV, § 425 , Oct. 17, 1979 , 93 Stat. 688 .)

§ 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— the attainment of such goals, priorities, and plans; the more effective and efficient management of the Department and the coordination of its functions; and the reduction of excessive or burdensome regulation and of unnecessary duplication and fragmentation in Federal education programs, accompanied where necessary by recommendations for proposed legislation for the achievement of such objectives.

(b) Estimate on non-Federal personnel employed The report required by subsection (a) shall also include an estimate of the extent of the non-Federal personnel employed pursuant to contracts entered into by the Department under section 3475 of this title or under any other authority (including any subcontract thereunder), the number of such contracts and subcontracts pursuant to which non-Federal personnel are employed, and the total cost of those contracts and subcontracts.

§ 3487 Repealed. Pub. L. 103–382, title II, § 271(a)(1), Oct. 20, 1994, 108 Stat. 3929

§ 3488 Authorization of appropriations

Subject to any limitation on appropriations applicable with respect to any function or office transferred to the Secretary or the Department, there are authorized to be appropriated for fiscal year 1980 and each succeeding fiscal year such sums as may be necessary to carry out the provisions of this chapter and to enable the Secretary to administer and manage the Department. Funds appropriated in accordance with this section shall remain available until expended. ( Pub. L. 96–88, title IV, § 427 , formerly § 428, Oct. 17, 1979 , 93 Stat. 689 ; renumbered § 427, Pub. L. 103–382, title II, § 271(a)(2) , Oct. 20, 1994 , 108 Stat. 3929 .)

§ 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: the Act of September 30, 1950 1 (Public Law 874, 81st Congress); the Act of September 23, 1950 1 (Public Law 815, 81st Congress); the General Education Provisions Act [ 20 U.S.C. 1221 et seq.]; the Indian Education Act; titles XI [ 25 U.S.C. 2000 et seq.], XIV [ 20 U.S.C. 921 et seq.], and XV of the Education Amendments of 1978 and part H of title XIII of the Education Amendments of 1980; the Adult Education Act; 1 section 342 of the Education Amendments of 1976 [ 20 U.S.C. 2532 ]; the Asbestos School Hazards Detection and Control Act [ 20 U.S.C. 3601 et seq.]; the Joint Resolution of October 19, 1972 ( 86 Stat. 907 ); the Vocational Education Act of 1963; 1 title IV of the Civil Rights Act of 1964 [ 42 U.S.C. 2000c et seq.]; the Navajo Community College Act and the Tribally Controlled Colleges and Universities Assistance Act of 1978 [ 25 U.S.C. 1801 et seq.]; part C of title IX of the Elementary and Secondary Education Act of 1965, 1 relating to Women’s Educational Equity; and title VII of the Elementary and Secondary Education Act of 1965. 1 ( Pub. L. 97–35, title V, § 528 , Aug. 13, 1981 , 95 Stat. 450 ; Pub. L. 98–211, § 20 , Dec. 8, 1983 , 97 Stat. 1418 ; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(a)(2)] , Sept. 30, 1996 , 110 Stat. 3009–233 , 3009–312; Pub. L. 105–244, title IX, § 901(d) , Oct. 7, 1998 , 112 Stat. 1828 ; Pub. L. 110–315, title IX, § 941(k)(2)(E) , Aug. 14, 2008 , 122 Stat. 3466 .)

§ 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— 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 to disclose the existence of any such potential financial interest or impaired objectivity.

(b) Review by Inspector General 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. 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). 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— an officer or professional employee of the Department of Education; a contractor or subcontractor of the Department, or an individual hired by the contracted entity; a member of a peer review panel of the Department; or a consultant or advisor to the Department.

§ 3501 Transfer and allocation of appropriations and personnel

(a) Personnel and appropriations in connection with functions and offices transferred by this chapter; use of unexpended funds Except as otherwise provided in this chapter, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof transferred by this chapter, subject to section 1531 of title 31 , shall be transferred to the Secretary for appropriate allocation. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.

(b) Positions specified to carry out functions or offices transferred by this chapter Positions expressly specified by statute or reorganization plan to carry out functions or offices transferred by this chapter, personnel occupying those positions on the effective date of this chapter, and personnel authorized to receive compensation in such positions at the rate prescribed for offices and positions at level IV or V of the Executive Schedule ( 5 U.S.C. 5315–531 6) on May 4, 1980 , shall be subject to the provisions of section 3503 of this title .

§ 3502 Effect on personnel

(a) Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions Except as otherwise provided in this chapter, the transfer pursuant to this subchapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department.

(b) Positions compensated in accordance with Executive Schedule Any person who, on the day preceding May 4, 1980 , held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.

§ 3503 Agency terminations

(a) Specific terminations On May 4, 1980 , the following entities shall terminate: the Education Division of the Department of Health, Education, and Welfare, including the Office of Education; the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare; the Bureau of Occupational and Adult Education of the Department of Health, Education, and Welfare.

(b) Positions authorized to be compensated at rate prescribed for level IV or V of the Executive Schedule Each position which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rate prescribed for level IV or V of the Executive Schedule ( 5 U.S.C. 5315–531 6), in an office terminated pursuant to this chapter shall also terminate.

§ 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— 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 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 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. 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)— the provisions of this chapter shall not affect suits commenced prior to May 4, 1980 , and 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.

§ 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. ( Pub. L. 96–88, title V, § 506 , Oct. 17, 1979 , 93 Stat. 692 .)

§ 3507 Existing references to transferor officials or bodies deemed references to transferee officials or bodies

With respect to any function transferred by this chapter and exercised on or after May 4, 1980 , reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, other official, or component of the Department to which this chapter transfers such functions. ( Pub. L. 96–88, title V, § 507 , Oct. 17, 1979 , 93 Stat. 692 .)

§ 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.

§ 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. ( Pub. L. 96–88, title V, § 510 , Oct. 17, 1979 , 93 Stat. 695 .)

§ 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. ( Pub. L. 96–88, title V, § 511 , Oct. 17, 1979 , 93 Stat. 695 .)

Federal • Lex Graph

Explorer

CHAPTER 48 - DEPARTMENT OF EDUCATION

CHAPTER 48 - DEPARTMENT OF EDUCATION

Sections (85)

§ 3401 Congressional findings

“SEC. 2001 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND.

“SEC. 2002 EMERGENCY ASSISTANCE TO NON-PUBLIC SCHOOLS.

“SEC. 2003 HIGHER EDUCATION EMERGENCY RELIEF FUND.

“SEC. 2004 MAINTENANCE OF EFFORT AND MAINTENANCE OF EQUITY.

“Sec. 311

“Sec. 312

“Sec. 313

“Sec. 314

“Sec. 315

“Sec. 316

“Sec. 317

“Sec. 18001

“Sec. 18002

“Sec. 18003

“Sec. 18004

“Sec. 18005

“Sec. 18006

“Sec. 18007

“Sec. 18008

§ 3402 Congressional declaration of purpose

§ 3403 Relationship with States

§ 3404 Definitions

§ 3411 Establishment of Department; appointment of Secretary

§ 3412 Principal officers

§ 3413 Office for Civil Rights

§ 3414 Office of Elementary and Secondary Education; inclusion of Office of Migrant Education

§ 3415 Office of Postsecondary Education

§ 3416 Office of Career, Technical, and Adult Education

§ 3417 Office of Special Education and Rehabilitative Services

§ 3418 Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

§ 3419 Institute of Education Sciences

§ 3420 Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

§ 3421 Office of General Counsel

§ 3422 Office of Inspector General

§ 3423 Repealed. Pub. L. 101–392, title VI, § 602(a)(1), Sept. 25, 1990, 104 Stat. 840

§ 3423a Office of Correctional Education

§ 3423b Office of Non-Public Education

§ 3423c Office of Indian Education

§ 3423d Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

§ 3424 Federal Interagency Committee on Education

§ 3425 Office of Educational Technology

§ 3426 Liaison for Proprietary Institutions of Higher Education

§ 3427 Coordinator for the outlying areas

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

§ 3442 Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

§ 3443 Transfers from Department of Labor

§ 3444 Transfer of programs from National Science Foundation

§ 3445 Transfers from Department of Justice

§ 3446 Transfers from Department of Housing and Urban Development

§ 3447 Effect of transfers

§ 3461 Officers and employees

§ 3462 Experts and consultants

§ 3463 Personnel reduction and annual limitations

§ 3471 General authority

§ 3472 Delegation of functions

§ 3473 Reorganization of Department

§ 3474 Rules and regulations

§ 3475 Contracts

§ 3476 Regional and field offices

§ 3477 Acquisition and maintenance of property

§ 3478 Facilities at remote locations

§ 3479 Use of facilities

§ 3480 Copyrights and patents

§ 3481 Gifts and bequests

§ 3482 Technical advice

§ 3483 Working capital fund

§ 3483a Department of Education Nonrecurring Expenses Fund

§ 3484 Funds transfer

§ 3485 Seal of Department

§ 3486 Annual report

§ 3487 Repealed. Pub. L. 103–382, title II, § 271(a)(1), Oct. 20, 1994, 108 Stat. 3929

§ 3488 Authorization of appropriations

§ 3489 General extension of authorizations

§ 3490 Potential financial interests or impaired objectivity of covered individuals or entities

§ 3401 Congressional findings

§ 3402 Congressional declaration of purpose

§ 3403 Relationship with States

§ 3404 Definitions

§ 3411 Establishment of Department; appointment of Secretary

§ 3412 Principal officers

§ 3413 Office for Civil Rights

§ 3414 Office of Elementary and Secondary Education; inclusion of Office of Migrant Education

§ 3415 Office of Postsecondary Education

§ 3416 Office of Career, Technical, and Adult Education

§ 3417 Office of Special Education and Rehabilitative Services

§ 3418 Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

§ 3419 Institute of Education Sciences

§ 3420 Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

§ 3421 Office of General Counsel

§ 3422 Office of Inspector General

§ 3423 Repealed. Pub. L. 101–392, title VI, § 602(a)(1), Sept. 25, 1990, 104 Stat. 840

§ 3423a Office of Correctional Education

§ 3423b Office of Non-Public Education

§ 3423c Office of Indian Education

§ 3423d Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students

§ 3424 Federal Interagency Committee on Education

§ 3425 Office of Educational Technology

§ 3426 Liaison for Proprietary Institutions of Higher Education

§ 3427 Coordinator for the outlying areas

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

§ 3442 Repealed. Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720

§ 3443 Transfers from Department of Labor

§ 3444 Transfer of programs from National Science Foundation

§ 3445 Transfers from Department of Justice

§ 3446 Transfers from Department of Housing and Urban Development

§ 3447 Effect of transfers

§ 3461 Officers and employees

§ 3462 Experts and consultants

§ 3463 Personnel reduction and annual limitations

§ 3471 General authority

§ 3472 Delegation of functions

§ 3473 Reorganization of Department

§ 3474 Rules and regulations

§ 3475 Contracts

§ 3476 Regional and field offices

§ 3477 Acquisition and maintenance of property

§ 3478 Facilities at remote locations

§ 3479 Use of facilities

§ 3480 Copyrights and patents

§ 3481 Gifts and bequests

§ 3482 Technical advice

§ 3483 Working capital fund

§ 3483a Department of Education Nonrecurring Expenses Fund

§ 3484 Funds transfer

§ 3485 Seal of Department

§ 3486 Annual report

§ 3487 Repealed. Pub. L. 103–382, title II, § 271(a)(1), Oct. 20, 1994, 108 Stat. 3929

§ 3488 Authorization of appropriations

§ 3489 General extension of authorizations

§ 3490 Potential financial interests or impaired objectivity of covered individuals or entities

§ 3501 Transfer and allocation of appropriations and personnel

§ 3502 Effect on personnel

§ 3503 Agency terminations

§ 3504 Incidental transfers

§ 3505 Savings provisions

§ 3506 Separability

§ 3507 Existing references to transferor officials or bodies deemed references to transferee officials or bodies

§ 3508 Department of Health and Human Services

§ 3509 Coordination of programs for handicapped

§ 3510 Transitional provisions