Sec. 5. Transfer of certain Department of Education functions
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In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Director of Education of the Office of Education of the Department of Health and Human Services the following functions: Authority granted to the Secretary of Education by the Act entitled An Act to Promote the Education of the Blind , approved March 3, 1879 ( 20 U.S.C. 101 et seq. ). The Honorable Augustus F. Hawkins Center of Excellence program under subpart 2 of part B of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1033–1033a ).
Each program under subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. ). Functions under part B of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1138 et seq. ). Grants under section 619 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ). The Program for Infants and Toddlers with Disabilities under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ). The State Personnel Development Grants program under subpart 1 of part D of the Individuals with Disabilities Education Act ( 20 U.S.C. 1451 et seq. ).
Grants under section 662 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1462 ). The Helen Keller National Center for Youths and Adults who are Deaf-Blind under the Helen Keller National Center Act ( 20 U.S.C. 1901 et seq. ). Grants under part A of title I the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). Each program under part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. ). The Student Support and Academic Enrichment program under part A of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 et seq. ).
The 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ). The Magnet Schools Assistance program under part D of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7231 et seq. ). The Promise Neighborhoods program under subpart 2 of part F of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7271 et seq. ). Activities carried out under section 4631(a)(1)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7281(a)(1)(B) ).
The Rural Education Achievement Program under part B of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7341 et seq. ). The Preschool Development Grants program under section 9212 of the Every Student Succeeds Act ( Public Law 114–95 ; 42 U.S.C. 9831 note). The Education for Homeless Children and Youths program under part B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ). Grants under the Scholarships for Opportunity and Results Act (division C of Public Law 112–10 ).
In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Director of the National Science Foundation the following functions: Authority granted to the Secretary of Education by the Act entitled An Act to incorporate the Howard University in the District of Columbia , approved March 2, 1867 ( 20 U.S.C. 121 et seq. ). Functions under the Howard University Endowment Act ( 20 U.S.C. 130aa et seq. ).
Functions under section 318 of the Higher Education Act of 1965 ( 20 U.S.C. 1059e ). Grants under section 323 of the Higher Education Act of 1965 ( 20 U.S.C. 1062 ). Grants under section 326 of the Higher Education Act of 1965 ( 20 U.S.C. 1063b ). Functions under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq. ). Functions under part F of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1067q et seq. ). Grants under section 723 of the Higher Education Act of 1965 ( 20 U.S.C. 1136a ).
Functions under part A of title I of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4301 et seq. ). Functions under part B of title I of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4331 et seq. ). Functions under title II of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4351 et seq. ). In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Director of the Bureau of Indian Education of the Department of the Interior the following functions:
Grants under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ). Grants under section 116 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2326 ). Grants under section 117 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2327 ). Grants under subpart 1 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7421 et seq. ). Grants under subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. ).
In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Secretary of the Treasury the following functions: Each program under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ). Grants under subpart 3 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070b et seq. ). Grants under part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq. ).
The William D. Ford Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ). In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Secretary of Defense the following functions: Functions under section 7002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 ). Functions under section 7003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703 ).
Functions under section 7007 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7707 ). Assistance under section 7008(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7708(a) ). In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Secretary of Labor the following functions: Functions under parts A and B of title I of the of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ).
Grants under section 303 of the Rehabilitation Act of 1973 ( 29 U.S.C. 773 ). Allotments under title VI of the Rehabilitation Act of 1973 ( 29 U.S.C. 795g et seq. ; also known as the ). Employment Opportunities for Individuals With Disabilities Act Functions under sections 111, 112, 113, 114, and 115 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2321 et seq. ). In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Education shall transfer to the Director of the Bureau of Indian Affairs of the Department of the Interior the administration of grants under section 121 of the Rehabilitation Act of 1973 ( 29 U.S.C. 741 ).
In accordance with the plan required under section 4(b)(1), and not later than October 1, 2026, the Secretary of Health and Human Services and the Secretary of Education shall transfer to the Director of Education the administration of the Preschool Development Grants program under section 9212 of the Every Student Succeeds Act ( Public Law 114–95 ; 42 U.S.C. 9831 note). The transfer of functions pursuant to this section does not extend to the transfer of personnel employed by the Department of Education to carry out such functions.
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U.S. Code
- Annual appropriations§ 101
- Fund for the Improvement of Postsecondary Education§ 1138
- Preschool grants§ 1419
- Findings and policy§ 1431
- Purpose; definition of personnel; program authority§ 1451
- Personnel development to improve services and results for children with disabilities§ 1462
- Repealed. Pub. L. 95–561, title XV, § 1529, Nov. 1, 1978, 92 Stat. 2380§ 1901
- State plans§ 6311
- Purpose and program authorization§ 6421
- General provisions§ 7101
- Purpose; definitions§ 7171
- Findings and purpose§ 7231
- Purposes§ 7271
- National activities for school safety§ 7281
- Short title§ 7341
- Statement of purpose§ 9831
- Statement of policy§ 11431
- Annual report of president and directors§ 121
- Definitions§ 130aa
- Predominantly Black Institutions§ 1059e
- Grants to institutions§ 1062
- Professional or graduate institutions§ 1063b
- Findings§ 1066
- Investment in historically Black colleges and universities and other minority-serving institutions§ 1067q
- Masters degree programs at historically Black colleges and universities§ 1136a
- Continuation of Gallaudet College as Gallaudet University§ 4301
- Authority§ 4331
- Definitions§ 4351
- American Indian tribally controlled colleges and universities§ 1059c
- Native American programs§ 2326
- Tribally controlled postsecondary career and technical institutions§ 2327
- Purpose§ 7421
- Improvement of educational opportunities for Indian children and youth§ 7441
- Federal Pell Grants: amount and determinations; applications§ 1070a
- Purpose; appropriations authorized§ 1070b
- Program authority§ 1087a
- Payments relating to Federal acquisition of real property§ 7702
- Payments for eligible federally connected children§ 7703
- Construction§ 7707
- Facilities§ 7708
- Declaration of policy; authorization of appropriations§ 720
- Demonstration and training programs§ 773
- Purpose§ 795g
- Reservations and State allotment§ 2321
- Vocational rehabilitation services grants§ 741
public-private-law
4 references not yet in our index
- 20 USC 1033–1033a
- 20 USC 1070a–11
- Pub. L. 112-10
- 20 USC 1087–51
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cites case law
Sec. 5
Transfer of certain Department of Education functions
Cite20 USC 1033–1033a
Cite20 USC 1070a–11
Pub. L.Pub. L. 112-10
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