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

2,353 words·~11 min read·/usc/title-20/section-3441

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(a)Functions transferred to Secretary There are transferred to the Secretary—

(1)all functions of the Assistant Secretary for Education and of the Commissioner of Education of the Department of Health, Education, and Welfare, and all functions of the Office of such Assistant Secretary and of the Education Division of the Department of Health, Education, and Welfare and of any officer or component of such Office or Division;

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

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

(B)the Elementary and Secondary Education Act of 1965;

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

(D)the Education Amendments of 1978;

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

(F)the National Defense Education Act of 1958;

(G)the International Education Act of 1966;

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

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

(J)the National Commission on Libraries and Information Science Act;

(K)the Vocational Education Act of 1963;

(L)the Career Education Incentive Act;

(M)laws relating to the relationship between

(i)Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf, and

(ii)the Department of Health, Education, and Welfare;

(N)the Model Secondary School for the Deaf Act;

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

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

(Q)the Alcohol and Drug Abuse Education Act;

(3)all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare with respect to or being administered by the Office for Civil Rights which relate to functions transferred by this section;

(A)all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973 [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];

(B)all functions with respect to or being administered by the Secretary of Health, Education, and Welfare through the Commissioner of Rehabilitation Services under the Act of June 20, 1936, commonly referred to as the Randolph-Sheppard Act (20 U.S.C. 107 et seq.);

(C)all functions of the Commissioner of Rehabilitation and the Director of the National Institute of Handicapped Research of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.];

(5)all functions of the Advisory Council on Education Statistics; and

(6)all functions of the Federal Education Data Acquisition Council.

(b)Offices, etc., transferred to Department There are transferred to the Department—

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

(2)all offices in the Department of Health, Education, and Welfare established under the provisions of law listed in subparagraphs

(A)through

(Q)of subsection (a)(2);

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

(4)the Advisory Council on Education Statistics;

(5)the Federal Education Data Acquisition Council; and

(6)any advisory committee of the Department of Health, Education, and Welfare giving advice or making recommendations that primarily concern education functions transferred by this section.

(c)Administrative functions transferred to Secretary There are transferred to the Secretary all functions of the Secretary of Health, Education, and Welfare, the Assistant Secretary for Education, or the Commissioner of Education of the Department of Health, Education, and Welfare, as the case may be, with respect to—

(1)the Education Division of the Department of Health, Education, and Welfare;

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

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

(d)Reservation of functions relating to Project Head Start Nothing in the provisions of this section or in the provisions of this chapter shall authorize the transfer of functions under part A of title V of the Economic Opportunity Act of 1964 [42 U.S.C. 2928 et seq.], relating to Project Head Start, from the Secretary of Health, Education, and Welfare to the Secretary.

(Pub. L. 96–88, title III, § 301, Oct. 17, 1979, 93 Stat. 677; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(2)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313.)

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