§ 3441. — Transfers from Department of Health, Education, and Welfare.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3441]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER III--TRANSFERS OF AGENCIES AND FUNCTIONS
Sec. 3441. Transfers from Department of Health, Education, and
Welfare
(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 [20 U.S.C.
401 et seq.];
(G) the International Education Act of 1966 [20 U.S.C. 1171
et seq.];
(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 [20 U.S.C. 1501 et seq.];
(K) the Vocational Education Act of 1963;
(L) the Career Education Incentive Act [20 U.S.C. 2601 et
seq.];
(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 [20 U.S.C.
693 et seq.];
(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 [21 U.S.C. 1001
et seq.];
(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;
(4)(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) of this section;
(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, Sec. 301, Oct. 17, 1979, 93 Stat. 677; Pub.
L. 101-476, title IX, Sec. 901(a)(2), Oct. 30, 1990, 104 Stat. 1142;
Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII,
Sec. 709(b)(2)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-313.)
References in Text
The General Education Provisions Act, referred to in subsec.
(a)(2)(A), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as
amended, which is classified generally to chapter 31 (Sec. 1221 et seq.)
of this title. For complete classification of this Act to the Code, see
section 1221 of this title and Tables.
The Elementary and Secondary Education Act of 1965, referred to in
subsec. (a)(2)(B), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended, which is classified generally to chapter 70 (Sec. 6301 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 6301 of this title and Tables.
The Higher Education Act of 1965, referred to in subsec. (a)(2)(C),
is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is
classified principally to chapter 28 (Sec. 1001 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1001 of this title and Tables.
The Education Amendments of 1978, referred to in subsec. (a)(2)(D),
is Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143, as amended. For complete
classification of this Act to the Code, see Short Title of 1978
Amendment note set out under section 6301 of this title and Tables.
Act of August 30, 1890 (7 U.S.C. 321-328), referred to in subsec.
(a)(2)(E), is act Aug. 30, 1890, ch. 841, 26 Stat. 417, as amended,
popularly known as the Agricultural College Act of 1890 and also as the
Second Morrill Act, which is classified generally to subchapter II
(Sec. 321 et seq.) of chapter 13 of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out
under section 321 of Title 7 and Tables.
The National Defense Education Act of 1958, referred to in subsec.
(a)(2)(F), is Pub. L. 85-864, Sept. 2, 1958, 72 Stat. 1580, as amended,
which was classified principally to chapter 17 (Sec. 401 et seq.) of
this title prior to omission from the Code. For complete classification
of this Act to the Code, see Tables.
The International Education Act of 1966, referred to in subsec.
(a)(2)(G), is Pub. L. 89-698, Oct. 29, 1966, 80 Stat. 1066, as amended,
which was classified principally to chapter 29 (Sec. 1171 et seq.) of
this title and was substantially repealed by section 601(c)(2) of Pub.
L. 96-374. For complete classification of this Act to the Code, see
Tables.
The Individuals with Disabilities Education Act, referred to in
subsec. (a)(2)(H), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84
Stat. 175, as amended, which is classified generally to chapter 33
(Sec. 1400 et seq.) of this title. For complete classification of this
Act to the Code, see section 1400 of this title and Tables.
The Economic Opportunity Act of 1964, referred to in subsecs.
(a)(2)(I) and (d), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as
amended. Parts A and B of title V of the Economic Opportunity Act of
1964 were classified generally to parts A (Sec. 2928 et seq.) and B
(Sec. 2929 et seq.) of subchapter V of chapter 34 of Title 42, The
Public Health and Welfare, prior to repeal by Pub. L. 97-35, title VI,
Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of
this Act to the Code, see Tables.
The National Commission on Libraries and Information Science Act,
referred to in subsec. (a)(2)(J), is Pub. L. 91-345, July 20, 1970, 84
Stat. 440, as amended, which is classified generally to chapter 34
(Sec. 1501 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1501 of this
title and Tables.
The Vocational Education Act of 1963, referred to in subsec.
(a)(2)(K), was title I of Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403,
as amended generally by Pub. L. 94-482, title II, Sec. 202(a), Oct. 12,
1976, 90 Stat. 2169, which was classified to chapter 44 (Sec. 2301 et
seq.) of this title, prior to amendment by Pub. L. 98-524, Sec. 1, Oct.
19, 1984, 98 Stat. 2435, striking out all after the enacting clause and
inserting in lieu thereof titles I to V, to be cited as the Carl D.
Perkins Vocational Education Act. The Act was subsequently amended
extensively by Pub. L. 101-392, Sept. 25, 1990, 104 Stat. 753, which
renamed it the Carl D. Perkins Vocational and Applied Technology
Education Act, and amended generally by Pub. L. 105-332, Sec. 1(b), Oct.
31, 1998, 112 Stat. 3076, which renamed it the Carl D. Perkins
Vocational and Technical Education Act of 1998. For additional details,
see Codification note preceding section 2301 of this title.
The Career Education Incentive Act, referred to in subsec.
(a)(2)(L), is Pub. L. 95-207, Dec. 13, 1977, 91 Stat. 1464, as amended,
which was classified principally to chapter 46 (Sec. 2601 et seq.) of
this title prior to its repeal by Pub. L. 97-35, title V,
Sec. 587(a)(4), Aug. 13, 1981, 95 Stat. 480.
The Model Secondary School for the Deaf Act, referred to in subsec.
(a)(2)(N), is Pub. L. 89-694, Oct. 15, 1966, 80 Stat. 1027, which was
classified to subchapter II (Sec. 693 et seq.) of chapter 20B of this
title, and was repealed by Pub. L. 99-371, title IV, Sec. 410(c), Aug.
4, 1986, 100 Stat. 794. See section 4321 et seq. of this title.
The Communications Act of 1934, referred to in subsec. (a)(2)(O), is
act June 19, 1934, ch. 652, 48 Stat. 1064, as amended. Subpart A of part
IV of title III of the Act (which is classified principally to subpart A
(Sec. 390 et seq.) of part IV of subchapter III of chapter 5 of Title
47, Telegraphs, Telephones, and Radiotelegraphs) was amended by section
201 of Pub. L. 95-567, Nov. 2, 1978, 92 Stat. 2409, and, as so amended,
the provisions relating to telecommunications demonstrations which had
appeared in subpart A were restated in a new subpart B (Sec. 395 et
seq.). Subpart B was subsequently redesignated subpart C by Pub. L. 101-
437, title II, Sec. 203(a)(2), Oct. 17, 1990, 104 Stat. 998. For
complete classification of the 1934 Act to the Code, see section 609 of
Title 47 and Tables.
The Alcohol and Drug Abuse Education Act, referred to in subsec.
(a)(2)(Q), is Pub. L. 91-527, Dec. 3, 1970, 84 Stat. 1385, as amended,
which was classified generally to chapter 14 (Sec. 1001 et seq.) of
Title 21, Food and Drugs, prior to repeal by Pub. L. 97-35, title V,
Sec. 587(a)(3), Aug. 13, 1981, 95 Stat. 480.
The Rehabilitation Act of 1973, referred to in subsecs. (a)(4)(A),
(C), and (b)(3), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as
amended, which is classified generally to chapter 16 (Sec. 701 et seq.)
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.
Act of June 20, 1936, commonly referred to as the Randolph-Sheppard
Act, referred to in subsec. (a)(4)(B), is act June 20, 1936, ch. 638, 49
Stat. 1559, as amended, which is classified generally to chapter 6A
(Sec. 107 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 107 of this
title and Tables.
Codification
``Section 550 of title 40'' substituted in subsec. (a)(2)(P) for
``section 203(k) of the Federal Property and Administrative Services Act
of 1949'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116
Stat. 1303, the first section of which enacted Title 40, Public
Buildings, Property, and Works.
Amendments
1996--Subsec. (a)(5) to (7). Pub. L. 104-208, Sec. 101(e) [title
VII, Sec. 709(b)(2)(A)], redesignated pars. (6) and (7) as (5) and (6),
respectively, and struck out former par. (5) which transferred all
functions of the Institute of Museum Services of the Department of
Health, Education, and Welfare to the Secretary of Education.
Subsec. (b)(4) to (7). Pub. L. 104-208, Sec. 101(e) [title VII,
Sec. 709(b)(2)(B)], redesignated pars. (5) to (7) as (4) to (6),
respectively, and struck out former par. (4) which transferred the
offices, etc., of the Institute of Museum Services of the Department of
Health, Education, and Welfare to the Department of Education.
1990--Subsec. (a)(2)(H). Pub. L. 101-476 substituted ``Individuals
with Disabilities Education Act'' for ``Education of the Handicapped
Act''.
Change of Name
Gallaudet College, referred to in subsec. (a)(2)(M), redesignated
Gallaudet University by Pub. L. 99-371, title I, Sec. 101(a), Aug. 4,
1986, 100 Stat. 781, which is classified to section 4301(a) of this
title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section
1001 of Pub. L. 101-476, set out as a note under section 1087ee of this
title.
Section Referred to in Other Sections
This section is referred to in sections 3413, 3417 of this title.
