§ 3404. — 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: 20USC3404]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 3404. Definitions
As used in this chapter, unless otherwise provided or indicated by
the context--
(1) the term ``Department'' means the Department of Education or
any component thereof;
(2) the term ``Secretary'' means the Secretary of Education;
(3) the term ``Deputy Secretary'' means the Deputy Secretary of
Education;
(4) the term ``function'' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or program;
(5) 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;
(6) the terms ``private'' and ``private educational'' refer to
independent, nonpublic, and private institutions of elementary,
secondary, and postsecondary education; and
(7) the term ``office'' includes any office, institute, council,
unit, organizational entity, or component thereof.
(Pub. L. 96-88, title I, Sec. 104, Oct. 17, 1979, 93 Stat. 671; Pub. L.
101-509, title V, Sec. 529 [title I, Sec. 112(a)(3)(A)], Nov. 5, 1990,
104 Stat. 1427, 1454.)
Amendments
1990--Par. (3). Pub. L. 101-509 substituted ``Deputy Secretary'' for
``Under Secretary'' in two places.
Effective Date of 1990 Amendment; Continued Service by Incumbents
Section 529 [title I, Sec. 112(e)] of Pub. L. 101-509 provided that:
``(1) This section [amending this section, section 3412 of this
title, sections 5313 and 5314 of Title 5, Government Organization and
Employees, section 472a of Title 25, Indians, section 3533 of Title 42,
The Public Health and Welfare, and section 1452 of Title 43, Public
Lands and enacting provisions set out as notes under this section and
section 3501 of Title 42] shall take effect on the first day of the
first pay period that begins on or after the date of enactment of this
Act [Nov. 5, 1990].
``(2)(A) The incumbent in the position of Under Secretary of Health
and Human Services on the day immediately preceding the date this
section takes effect may serve as Deputy Secretary of Health and Human
Services at the pleasure of the President after such day.
``(B) The incumbent in the position of Under Secretary of the
Interior on the day immediately preceding the date this section takes
effect may serve as Deputy Secretary of the Interior at the pleasure of
the President after such day.
``(C) The incumbent in the position of Under Secretary of Education
on the day immediately preceding the date this section takes effect may
serve as Deputy Secretary of Education at the pleasure of the President
after such day.
``(D) The incumbent in the position of Under Secretary of Housing
and Urban Development on the day immediately preceding the date this
section takes effect may serve as Deputy Secretary of Housing and Urban
Development at the pleasure of the President after such day.''
Construction of References
Section 529 [title I, Sec. 112(c)] of Pub. L. 101-509 provided that:
``Any reference in any statute, reorganization plan, regulation,
executive order, or any document issued pursuant thereto in force on the
date this section takes effect [see Effective Date of 1990 Amendment;
Continued Service by Incumbents note above] to the Under Secretary of
Health and Human Services, the Under Secretary of the Interior, the
Under Secretary of Education, or the Under Secretary of Housing and
Urban Development shall be deemed to be a reference to the Deputy
Secretary of Health and Human Services, the Deputy Secretary of the
Interior, the Deputy Secretary of Education, or the Deputy Secretary of
Housing and Urban Development, respectively.''
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
