§ 3412. — Principal officers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3412]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER II--ESTABLISHMENT OF THE DEPARTMENT
Sec. 3412. Principal officers
(a) Deputy Secretary of Education
(1) There shall be in the Department a Deputy Secretary of Education
who shall be appointed by the President, by and with the advice and
consent of the Senate. During the absence or disability of the
Secretary, or in the event of a vacancy in the office of the Secretary,
the Deputy Secretary shall act as Secretary. The Secretary shall
designate the order in which other officials of the Department shall act
for and perform the functions of the Secretary during the absence or
disability of both the Secretary and Deputy Secretary or in the event of
vacancies in both of those offices.
(2)(A) The Deputy Secretary shall have responsibility for the
conduct of intergovernmental relations of the Department, including
assuring (i) that the Department carries out its functions in a manner
which supplements and complements the education policies, programs, and
procedures of the States and the local school systems and other
instrumentalities of the States, and (ii) that appropriate officials of
the Department consult with individuals responsible for making policy
relating to education in the States and the local school systems and
other instrumentalities of the States concerning differences over
education policies, programs, and procedures and concerning the impact
of the rules and regulations of the Department on the States and the
local school systems and other instrumentalities of the States.
(B) Local education authorities may inform the Deputy Secretary of
any rules or regulations of the Department which are in conflict with
another rule or regulation issued by any other Federal department or
agency or with any other office of the Department. If the Deputy
Secretary determines, after consultation with the appropriate Federal
department or agency, that such a conflict does exist, the Deputy
Secretary shall report such conflict or conflicts to the appropriate
Federal department or agency together with recommendations for the
correction of the conflict.
(b) Assistant Secretaries and General Counsel
(1) There shall be in the Department--
(A) an Assistant Secretary for Elementary and Secondary
Education;
(B) an Assistant Secretary for Postsecondary Education;
(C) an Assistant Secretary for Vocational and Adult Education;
(D) an Assistant Secretary for Special Education and
Rehabilitative Services;
(E) an Assistant Secretary for Civil Rights; and
(F) a General Counsel.
(2) Each of the Assistant Secretaries and the General Counsel shall
be appointed by the President, by and with the advice and consent of the
Senate.
(3) There shall be in the Department, a Special Assistant for Gender
Equity who shall be appointed by the Secretary. The Special Assistant
shall promote, coordinate, and evaluate gender equity programs,
including the dissemination of information, technical assistance, and
coordination of research activities. The Special Assistant shall advise
the Secretary and Deputy Secretary on all matters relating to gender
equity.
(4) There shall be in the Department a Director of the Institute of
Education Sciences who shall be appointed in accordance with section
114(a) of the Education Sciences Reform Act of 2002 [20 U.S.C. 9514(a)]
and perform the duties described in that Act [20 U.S.C. 9501 et seq.].
(c) Inspector General
There shall be in the Department an Inspector General appointed in
accordance with the Inspector General Act of 1978.
(d) Under Secretary of Education
There may be in the Department an Under Secretary of Education who
shall perform such functions as the Secretary may prescribe. The Under
Secretary shall be appointed by the President, by and with the advice
and consent of the Senate.
(e) Additional officers
There shall be in the Department four additional officers who shall
be appointed by the President, by and with the advice and consent of the
Senate. The officers appointed under this subsection shall perform such
functions as the Secretary shall prescribe, including--
(1) congressional relations functions;
(2) public information functions, including the provision,
through the use of the latest technologies, of useful information
about education and related opportunities to students, parents, and
communities;
(3) functions related to monitoring parental and public
participation in programs where such participation is required by
law, and encouraging the involvement of parents, students, and the
public in the development and implementation of departmental
programs;
(4) management and budget functions;
(5) planning, evaluation, and policy development functions,
including development of policies to promote the efficient and
coordinated administration of the Department and its programs and to
encourage improvements in education; and
(6) functions related to encouraging and promoting the study of
foreign languages and the study of cultures of other countries at
the elementary, secondary, and postsecondary levels.
(f) Statements of functions of nominees
Whenever the President submits the name of an individual to the
Senate for confirmation as an officer of the Department under this
section, the President shall state the particular functions of the
Department such individual will exercise upon taking office.
(g) Supervision by Secretary
Each officer of the Department established under this section shall
report directly to the Secretary and shall, in addition to any functions
vested in or required to be delegated to such officer, perform such
additional functions as the Secretary may prescribe.
(h) Coordination of literacy related functions by Assistant Secretary
for Vocational and Adult Education
The Assistant Secretary for Vocational and Adult Education, in
addition to performing such functions as the Secretary may prescribe,
shall have responsibility for coordination of all literacy related
programs and policy initiatives in the Department. The Assistant
Secretary for Vocational and Adult Education shall assist in
coordinating the related activities and programs of other Federal
departments and agencies.
(i) Liaison for Community and Junior Colleges
(1) There shall be in the Department a Liaison for Community and
Junior Colleges, who shall be an officer of the Department appointed by
the Secretary.
(2) The Secretary shall appoint, not later than 6 months after July
23, 1992, as the Liaison for Community and Junior Colleges a person
who--
(A) has attained an associate degree from a community or junior
college; or
(B) has been employed in a community or junior college setting
for not less than 5 years.
(3) The Liaison for Community and Junior Colleges shall--
(A) serve as principal advisor to the Secretary on matters
affecting community and junior colleges;
(B) provide guidance to programs within the Department dealing
with functions affecting community and junior colleges; and
(C) work with the Federal Interagency Committee on Education to
improve coordination of--
(i) the outreach programs in the numerous Federal
departments and agencies that administer education and job
training programs;
(ii) collaborative business education partnerships; and
(iii) education programs located in, and regarding, rural
areas.
(Pub. L. 96-88, title II, Sec. 202, Oct. 17, 1979, 93 Stat. 671; Pub. L.
99-145, title XII, Sec. 1204(a)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L.
101-509, title V, Sec. 529 [title I, Sec. 112(a)(3)(B)], Nov. 5, 1990,
104 Stat. 1427, 1454; Pub. L. 102-73, title I, Sec. 101, July 25, 1991,
105 Stat. 334; Pub. L. 102-103, title II, Sec. 201, Aug. 17, 1991, 105
Stat. 498; Pub. L. 102-325, title XV, Sec. 1553(a), July 23, 1992, 106
Stat. 838; Pub. L. 103-227, title IX, Sec. 913, Mar. 31, 1994, 108 Stat.
223; Pub. L. 103-382, title II, Sec. 271(b), Oct. 20, 1994, 108 Stat.
3929; Pub. L. 107-110, title X, Sec. 1072(e)(2), Jan. 8, 2002, 115 Stat.
2089; Pub. L. 107-279, title IV, Sec. 402(1), Nov. 5, 2002, 116 Stat.
1984.)
References in Text
The Education Sciences Reform Act of 2002, referred to in subsec.
(b)(4), is title I of Pub. L. 107-279, Nov. 5, 2002, 116 Stat. 1941,
which is classified generally to subchapter I (Sec. 9501 et seq.) of
chapter 76 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 9501 of this title and
Tables.
The Inspector General Act of 1978, referred to in subsec. (c), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2002--Subsec. (b)(4). Pub. L. 107-279 added par. (4) and struck out
former par. (4) which read as follows: ``There shall be in the
Department an Assistant Secretary for Educational Research and
Improvement who shall be--
``(A) appointed by the President, by and with the consent of the
Senate; and
``(B) selected (giving due consideration to recommendations from
the National Educational Research Policy and Priorities Board) from
among individuals who--
``(i) are distinguished educational researchers or
practitioners;
``(ii) have proven management ability; and
``(iii) have substantial knowledge of education within the
United States.''
Subsec. (b)(3), (4). Pub. L. 107-110 redesignated par. (3), relating
to Assistant Secretary for Educational Research and Improvement, as (4).
1994--Subsec. (b)(1)(E) to (G). Pub. L. 103-227, Sec. 913(1),
redesignated subpars. (F) and (G) as (E) and (F), respectively, and
struck out former subpar. (E) which read as follows: ``an Assistant
Secretary for Educational Research and Improvement;''.
Subsec. (b)(3). Pub. L. 103-382 added par. (3) relating to Special
Assistant for Gender Equity.
Pub. L. 103-227, Sec. 913(2), added par. (3) relating to Assistant
Secretary for Educational Research and Improvement.
1992--Subsec. (i). Pub. L. 102-325 added subsec. (i).
1991--Subsecs. (d), (e). Pub. L. 102-103 added subsec. (d) and
redesignated former subsec. (d) as (e).
Subsec. (h). Pub. L. 102-73 added subsec. (h).
1990--Subsec. (a). Pub. L. 101-509 substituted ``a Deputy
Secretary'' for ``an Under Secretary'' in first sentence of par. (1) and
``Deputy Secretary'' for ``Under Secretary'' wherever appearing
elsewhere in pars. (1) and (2).
1985--Subsec. (e). Pub. L. 99-145 struck out subsec. (e) which
provided for presence in the Department of Education of an Administrator
of Education for Overseas Dependents.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Effective Date of 1991 Amendment
Section 203 of title II of Pub. L. 102-103 provided that:
``(a) In General.--This Act [probably should be ``this title'',
meaning title II of Pub. L. 102-103, amending this section and section
5314 of Title 5, Government Organization and Employees] shall take
effect on the first day of the first Department of Education pay period
that begins on or after the date of enactment of this Act [Aug. 17,
1991].
``(b) Special Rule.--An incumbent in a position within the
Department of Education on the day preceding the day that this Act takes
effect who has been appointed by the President to a position within the
Department of Education with the advice and consent of the Senate may
serve as the Under Secretary at the pleasure of the President after the
day preceding the day that this Act takes effect.''
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-509 effective on first day of first pay
period beginning on or after Nov. 5, 1990, with continued service by
incumbent Under Secretary of Education, see section 529 [title I,
Sec. 112(e)] of Pub. L. 101-509, set out as a note under section 3404 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 3413, 3414, 3415, 3416,
3417, 3421, 3473 of this title.
