§ 1221. — Short title; applicability; definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1221]
TITLE 20--EDUCATION
CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
Sec. 1221. Short title; applicability; definitions
(a) Short title
This chapter may be cited as the ``General Education Provisions
Act''.
(b) Applicability of chapter
(1) Except as otherwise provided, this chapter applies to each
applicable program of the Department of Education.
(2) Except as otherwise provided, this chapter does not apply to any
contract made by the Department of Education.
(c) Definitions
As used in this chapter, the following terms have the following
meanings:
(1) The term ``applicable program'' means any program for which
the Secretary or the Department has administrative responsibility as
provided by law or by delegation of authority pursuant to law. The
term includes each program for which the Secretary or the Department
has administrative responsibility under the Department of Education
Organization Act [20 U.S.C. 3401 et seq.] or under Federal law
effective after the effective date of that Act.
(2) The term ``applicable statute'' means--
(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes the
appropriation for an applicable program;
(B) this chapter; and
(C) any other statute that by its terms expressly controls
the administration of an applicable program.
(3) The term ``Department'' means the Department of Education.
(4) The term ``Secretary'' means the Secretary of Education.
(d) Application of other laws unaffected
Nothing in this chapter shall be construed to affect the
applicability of title VI of the Civil Rights Act of 1964 [42 U.S.C.
2000d et seq.], title IX of the Education Amendments of 1972 [20 U.S.C.
1681 et seq.], title V of the Rehabilitation Act of 1973 [29 U.S.C. 790
et seq.], the Age Discrimination Act [42 U.S.C. 6101 et seq.], or other
statutes prohibiting discrimination, to any applicable program.
(Pub. L. 90-247, title IV, Sec. 400, formerly Sec. 401, Jan. 2, 1968, 81
Stat. 814; Pub. L. 90-576, title III, Sec. 301(a), Oct. 16, 1968, 82
Stat. 1094; Pub. L. 91-230, title IV, Sec. 401(a)(2), Apr. 13, 1970, 84
Stat. 164; renumbered Sec. 400, Pub. L. 92-318, title III,
Sec. 301(a)(1), June 23, 1972, 86 Stat. 326; Pub. L. 93-380, title V,
Sec. 505(a)(1), Aug. 21, 1974, 88 Stat. 561; Pub. L. 103-382, title II,
Sec. 211, Oct. 20, 1994, 108 Stat. 3912.)
References in Text
The Department of Education Organization Act, referred to in subsec.
(c)(1), is Pub. L. 96-88, Oct. 17, 1979, 93 Stat. 668, as amended, which
is classified principally to chapter 48 (Sec. 3401 et seq.) of this
title. For the effective date of the Act, see Effective Date note set
out under section 3401 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 3401 of
this title and Tables.
The Civil Rights Act of 1964, referred to in subsec. (d), is Pub. L.
88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is
classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section
2000a of Title 42 and Tables.
The Education Amendments of 1972, referred to in subsec. (d), is
Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title IX of the
Act, known as the Patsy Takemoto Mink Equal Opportunity in Education
Act, is classified principally to chapter 38 (Sec. 1681 et seq.) of this
title. For complete classification of title IX to the Code, see Short
Title note set out under section 1681 of this title and Tables.
The Rehabilitation Act of 1973, referred to in subsec. (d), is Pub.
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of the Act
is classified generally to subchapter V (Sec. 790 et seq.) of chapter 16
of Title 29, Labor. For complete classification of this Act to the Code,
see Short Title note set out under section 701 of Title 29 and Tables.
The Age Discrimination Act, referred to in subsec. (d), probably
means the Age Discrimination Act of 1975, which is title III of Pub. L.
94-135, Nov. 28, 1975, 89 Stat. 728, as amended, and which is classified
generally to chapter 76 (Sec. 6101 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the Code,
see Short Title note set out under section 6101 of Title 42 and Tables.
Amendments
1994--Pub. L. 103-382 amended section generally, inserting provision
that this chapter not apply to any contract made by the Department of
Education, substituting definition of ``Department'' as meaning
Department of Education for definition of ``Director'' as meaning
Director of the National Institute of Education, striking out reference
to the Civil Rights Act of 1964, adding references to title VI of the
Civil Rights Act of 1964, title IX of the Education Amendments of 1972,
title V of the Rehabilitation Act of 1973, the Age Discrimination Act,
and other statutes prohibiting discrimination, and striking out
provision authorizing appropriations for any fiscal year of such sums as
may be necessary to carry out the provisions of this chapter.
1974--Subsec. (a). Pub. L. 93-380 redesignated subsec. (d) as (a).
Former subsec. (a) provisions ``The provisions of this chapter shall
apply to any program for which the Commissioner of Education has
responsibility for administration, either as provided by statute or by
delegation pursuant to statute. Amendments to Acts authorizing such
programs shall not affect the applicability of this chapter unless so
specified by such amendments'' were incorporated in part in subsec. (b).
Subsec. (b). Pub. L. 93-380 incorporated subsec. (a) provisions in
subsec. (b), inserting introductory text ``Except where otherwise
specified,'', substituting ``an administrative head of an education
agency has administrative responsibility as provided by law or by
delegation of authority pursuant to law'' for ``the Commissioner of
Education has responsibility for administration, either as provided by
statute or by delegation pursuant to statute.'', deleting ``Amendments
to Acts authorizing such programs shall not affect the applicability of
this chapter unless so specified by such amendments.'' Former subsec.
(b) definition provisions for ``Commissioner'', ``Secretary'', and
``applicable program'' incorporated in subsec. (c)(1).
Subsec. (c). Pub. L. 93-380 incorporated subsec. (b)(3), (1), (2)
provisions in par. (1)(A), (D), (F), respectively; inserted in par.
(1)(A) ``, under the terms of subsection (b) of this section,''; and
added pars. (1)(B), (C), (E), (2), and (3). Former subsec. (c)
provisions ``There are hereby authorized to be appropriated for any
fiscal year, as part of the appropriations for salaries and expenses for
the Office of Education, such sums as the Congress may determine to be
necessary to carry out the provisions of this chapter,'' incorporated in
subsec. (d).
Subsec. (d). Pub. L. 93-380 incorporated subsec. (c) provisions in
provisions designated as subsec. (d), inserting introductory text
``Except as otherwise limited in this chapter,'', and deleting ``, as
part of the appropriations for salaries and expenses for the Office of
Education,'' after ``fiscal year''. Former subsec. (d) redesignated (a).
Subsec. (e). Pub. L. 93-380 added subsec. (e).
1970--Pub. L. 91-230, Sec. 401(a)(2)(A), provided for definitions
and authorization of appropriations in section catchline.
Subsecs. (b), (c). Pub. L. 91-230, Sec. 401(a)(2)(B), added subsecs.
(b) and (c).
1968--Pub. L. 90-576 substituted general reference to ``any program
for which the Commissioner of Education has responsibility for
administration, either as provided by statute or by delegation pursuant
to statute'' for specific references to ``title I of the Elementary and
Secondary Education Act of 1965 (title II of Pub. L. 81-874), titles II,
III, V, VI, VII, and VIII of the Elementary and Secondary Education Act
of 1965, and the Adult Education Act of 1966 (title III of the
Elementary and Secondary Education Amendments of 1966), as now in effect
or hereafter from time to time amended'' as the areas in which the
provisions of this chapter shall apply and inserted provision that
amendments to the programs covered shall not affect the applicability of
this chapter unless so specified by such amendments.
Effective Date of 1994 Amendment
Section 3(a)(2) of Pub. L. 103-382 provided that: ``Title II of this
Act [Secs. 211 to 272 of Pub. L. 103-382, see Tables for classification]
and the amendments made by title II of this Act shall take effect on the
date of enactment of this Act [Oct. 20, 1994], except that section 236
[enacting section 1228a of this title] (equity for students, teachers,
and other program beneficiaries) of such title shall be effective--
``(A) July 1, 1995 for noncompetitive programs in which funds
are allocated on the basis of a formula; and
``(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in fiscal
year 1995 and in subsequent fiscal years.''
Effective Date of 1974 Amendment
Section 505(b) of Pub. L. 93-380 provided that: ``The amendments
made by subsection (a) [amending this section and section 1221g of this
title] shall be effective on the tenth day after the date of enactment
of this Act [Aug. 21, 1974].''
Short Title of 1988 Amendment
Pub. L. 100-297, title III, Sec. 3401, Apr. 28, 1988, 102 Stat. 344,
provided that: ``This part [part C (Secs. 3401-3403) of title III of
Pub. L. 100-297, amending sections 1221e and 1221e-1 of this title and
enacting provisions set out as a note under section 1221e-1 of this
title] may be cited as the `National Assessment of Educational Progress
Improvement Act'.''
Short Title of 1978 Amendment
Pub. L. 95-561, title XII, Sec. 1211, Nov. 1, 1978, 92 Stat. 2338,
provided that: ``This part [enacting sections 1221-3 and 1231g of this
title and amending section 1221e-1 of this title] may be cited as the
`Control of Paperwork Amendments of 1978'.''
Short Title of 1974 Amendment
Section 513(b)(2) of Pub. L. 93-380 provided that: ``This section
[enacting section 1232g of this title and provisions set out as a note
under section 1232g of this title] may be cited as the `Family
Educational Rights and Privacy Act of 1974'.''
Executive Order No. 11761
Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, which provided for
coordination of Federal educational programs and which continued Federal
Interagency Committee on Education, was revoked by Ex. Ord. No. 12553,
Feb. 25, 1986, 51 F.R. 7237.
Executive Order No. 12687
Ex. Ord. No. 12687, Aug. 15, 1989, 54 F.R. 34127, as amended by Ex.
Ord. No. 12741, Dec. 31, 1990, 56 F.R. 475; Ex. Ord. No. 12785, Dec. 26,
1991, 56 F.R. 67451, which established the President's Education Policy
Advisory Committee to advise the President with respect to objectives
and conduct of overall education policy of the United States, was
revoked by Ex. Ord. No. 12869, Sec. 4(e), Sept. 30, 1993, 58 F.R. 51751,
formerly set out under section 14 of the Federal Advisory Committee Act
in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1228a, 3601, 3603 of this
title.
