§ 1221e-3. — General authority of Secretary.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1221e-3]
TITLE 20--EDUCATION
CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER I--FUNCTIONS OF DEPARTMENT OF EDUCATION
Sec. 1221e-3. General authority of Secretary
The Secretary, in order to carry out functions otherwise vested in
the Secretary by law or by delegation of authority pursuant to law, and
subject to limitations as may be otherwise imposed by law, is authorized
to make, promulgate, issue, rescind, and amend rules and regulations
governing the manner of operation of, and governing the applicable
programs administered by, the Department.
(Pub. L. 90-247, title IV, Sec. 410, formerly Sec. 408, as added Pub. L.
93-380, title V, Sec. 502(a)(1), Aug. 21, 1974, 88 Stat. 559; amended
Pub. L. 95-561, title XII, Secs. 1243(b), 1244, Nov. 1, 1978, 92 Stat.
2353; renumbered Sec. 410 and amended Pub. L. 103-382, title II,
Secs. 212(b)(1), 222, Oct. 20, 1994, 108 Stat. 3913, 3914.)
Amendments
1994--Pub. L. 103-382, Sec. 222, amended section generally,
substituting single par. relating to general authority of Secretary for
former subsecs. (a) to (d) relating to general authority of
administrative heads of education agencies.
1978--Subsec. (a). Pub. L. 95-561, Sec. 1243(b), inserted ``or by
delegation of authority pursuant to law'' after ``vested in him by law''
in provisions preceding par. (1) and, in par. (1), inserted ``, and
governing the applicable programs administered by'' after ``the manner
of operation of''.
Subsecs. (b) to (d). Pub. L. 95-561, Sec. 1244, added subsec. (b),
redesignated former subsecs. (b) and (c) as (c) and (d), and in subsec.
(d) as so redesignated substituted ``For the purposes of this chapter''
for ``For the purposes of this section''.
Effective Date of 1978 Amendment
Section 1530 of Pub. L. 95-561, as amended by Pub. L. 96-46,
Sec. 2(a)(10), Aug. 6, 1979, 93 Stat. 340, provided that:
``(a) Except as otherwise specifically provided in this Act, the
provisions of this Act and the amendments and repeals made by this Act
[see Tables for classification] shall take effect October 1, 1978.
``(b) The provisions of section 412(b)(2) [now 421(b)(2)] of the
General Education Provisions Act [section 1225(b)(2) of this title], as
added by section 1245 of this Act, shall not take effect with respect to
the use of funds under section 421 of the Elementary and Secondary
Education Act of 1965 [former section 3101 of this title] until October
1, 1980, except at the option of local educational agencies.''
Effective Date
Section 502(b) of Pub. L. 93-380 provided that: ``The amendments
made by this section [enacting this section and section 1221e-2 and
amending sections 1221b and 1221e of this title] shall be effective on
the tenth day after the date of enactment of this Act [Aug. 21, 1974].''
