20 U.S.C. § 3447 — Effect of transfers

Page 1174 TITLE 20—EDUCATION § 3445 1 See References in Text note below. (E) informing the general public of the na- ture of science and technology and of attend- ant values and public policy issues. (2) Except as provided in paragraph (1), no mis- sion oriented research functions or programs of the National Science Foundation or any other Federal agency shall be transferred by this chapter. (b) Authority of Secretary; consultation and ad- vice The Secretary is authorized to conduct the programs transferred by subsection (a). In con- ducting such programs the Secretary shall con- sult, as appropriate, with the Director of the Na- tional Science Foundation, and shall establish advisory mechanisms designed to assure that scientists and engineers are fully involved in the development, implementation, and review of science education programs. (c) Report by Secretary The annual report to be transmitted by the Secretary pursuant to section 3486 of this title shall include a description of arrangements, de- veloped by the Secretary in consultation with the Director of the National Science Founda- tion, for coordinated planning and operation of science education programs, including measures to facilitate the implementations of successful innovations. (d) Reservation of certain Foundation authority Nothing in this section is intended to repeal or limit the authority of the National Science Foundation or the Director of the National Science Foundation to initiate and conduct pro- grams under the National Science Foundation Act of 1950 [42 U.S.C. 1861 et seq.]. (Pub. L. 96–88, title III, § 303, formerly § 304, Oct. 17, 1979, 93 Stat. 680; renumbered § 303, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.) Editorial Notes REFERENCES IN TEXT The National Science Foundation Act of 1950, referred to in subsecs. (a)(1) and (d), is act May 10, 1950, ch. 171, 64 Stat. 149, which is classified generally to chapter 16 (§ 1861 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 1861 of Title 42 and Tables. CODIFICATION In subsec. (a)(1), ‘‘May 4, 1980’’ substituted for ‘‘the effective date of this chapter’’ pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title. PRIOR PROVISIONS A prior section 303 of Pub. L. 96–88 was renumbered section 302 and is classified to section 3443 of this title. § 3445. Transfers from Department of Justice There are transferred to the Secretary all functions of the Attorney General and of the Law Enforcement Assistance Administration with regard to the student loan and grant pro- grams known as the law enforcement education program and the law enforcement intern pro- gram authorized by subsections (b), (c), and (f) of section 406 1 of the Omnibus Crime Control and Safe Streets Act of 1968. (Pub. L. 96–88, title III, § 304, formerly § 305, Oct. 17, 1979, 93 Stat. 680; renumbered § 304, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.) Editorial Notes REFERENCES IN TEXT Section 406 of the Omnibus Crime Control and Safe Streets Act of 1968, referred to in text, is section 406 of title I of Pub. L. 90–351, June 19, 1968, 82 Stat. 204, which was classified to section 3746 of Title 42, The Public Health and Welfare. Title I of the Act was amended generally by Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1167, and provisions formerly contained in section 406 of the Act were contained in section 705 of part G of title I of the Act, which was classified to section 3775 of Title 42. Subsequently, part G of title I of the Act was amended generally by Pub. L. 98–473, title II, § 609A(a), Oct. 12, 1984, 98 Stat. 2090, and, as so amended, did not contain a section 705 or similar provisions. PRIOR PROVISIONS A prior section 304 of Pub. L. 96–88 was renumbered section 303 and is classified to section 3444 of this title. § 3446. Transfers from Department of Housing and Urban Development There are transferred to the Secretary all functions relating to college housing loans of the Secretary of Housing and Urban Develop- ment and of the Department of Housing and Urban Development under title IV of the Hous- ing Act of 1950 [12 U.S.C. 1749 et seq.]. (Pub. L. 96–88, title III, § 305, formerly § 306, Oct. 17, 1979, 93 Stat. 681; renumbered § 305, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.) Editorial Notes REFERENCES IN TEXT The Housing Act of 1950, referred to in text, is act Apr. 20, 1950, ch. 94, 64 Stat. 48, as amended. Title IV of the Housing Act of 1950 which was classified generally to subchapter IX (§ 1749 et seq.) of chapter 13 of Title 12, Banks and Banking, was repealed by Pub. L. 99–498, title VII, § 702, Oct. 17, 1986, 100 Stat. 1545. For complete classification of this Act to the Code, see Short Title of 1950 Amendment note set out under section 1701 of Title 12 and Tables. PRIOR PROVISIONS A prior section 305 of Pub. L. 96–88 was renumbered section 304 and is classified to section 3445 of this title. § 3447. Effect of transfers The transfer of a function or office from an of- ficer or agency to the Secretary or to the De- partment includes any aspects of such function or office vested in a subordinate of such officer or in a component of such agency. (Pub. L. 96–88, title III, § 306, formerly § 307, Oct. 17, 1979, 93 Stat. 681; renumbered § 306, Pub. L. 103–382, title II, § 271(a)(2), Oct. 20, 1994, 108 Stat. 3929.) Page 1175 TITLE 20—EDUCATION § 3461 Editorial Notes PRIOR PROVISIONS A prior section 306 of Pub. L. 96–88 was renumbered section 305 and is classified to section 3446 of this title. SUBCHAPTER IV—ADMINISTRATIVE PROVISIONS PART A—PERSONNEL PROVISIONS § 3461. Officers and employees (a) Appointment and compensation The Secretary is authorized to appoint and fix the compensation of such officers and employ- ees, including attorneys, as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such officers and employees shall be ap- pointed in accordance with the civil service laws and their compensation fixed in accordance with title 5. (b) Applicability of General Schedule; termi- nation of authority; exemption from limita- tions on executive positions (1) At the request of the Secretary, the Direc- tor of the Office of Personnel Management shall, under section 5108 of title 5, provide for the es- tablishment in each of the grade levels GS–16, GS–17, and GS–18 of a number of positions in the Department equal to the number of positions in that grade level which were used primarily for the performance of functions and offices trans- ferred under this chapter and which were as- signed and filled on the day before May 4, 1980. (2) Repealed. Pub. L. 107–279, title IV, § 403(3), Nov. 5, 2002, 116 Stat. 1985. (3) Appointments to positions provided for under this subsection may be made without re- gard to the provisions of section 3324 of title 5, if the individual appointed in such position is an individual who is transferred in connection with the transfer of functions and offices under this chapter and, on the day preceding May 4, 1980, holds a position and has duties comparable to those of the position to which appointed here- under. (4) The authority under this subsection with respect to any position shall terminate when the person first appointed to fill such position ceases to hold such position. (5) For purposes of section 414(a)(3)(A) of the Civil Service Reform Act of 1978, an individual appointed under this subsection shall be deemed to occupy the same position as the individual occupied on the day preceding May 4, 1980. (c) Repealed. Pub. L. 99–498, title XIV, § 1401(d), Oct. 17, 1986, 100 Stat. 1597 (d) Senior Executive Service Notwithstanding any other provision of law, the Director of the Office of Personnel Manage- ment shall establish positions within the Senior Executive Service for 15 limited-term ap- pointees. The Secretary shall appoint individ- uals to such positions as provided by section 3394 of title 5. Such positions shall expire on the later of three years after May 4, 1980, or three years after the initial appointment to each posi- tion. Positions in effect under this subsection shall be taken into account in applying the limi- tations on positions prescribed under section 3134(e) and section 5108 of such title. (e) Indian preference laws Nothing in this chapter shall be construed to prevent the application of any Indian preference law in effect on the day before October 17, 1979, to any function or office transferred by this chapter and subject to any such law on the day before October 17, 1979. Any function or office transferred by this chapter and subject to any such law shall continue to be subject to any such law. (Pub. L. 96–88, title IV, § 401, Oct. 17, 1979, 93 Stat. 681; Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 99–498, title XIV, § 1401(d), Oct. 17, 1986, 100 Stat. 1597; Pub. L. 103–382, title II, § 271(a)(3)(A), Oct. 20, 1994, 108 Stat. 3929; Pub. L. 107–279, title IV, § 403(3), Nov. 5, 2002, 116 Stat. 1985.) Editorial Notes REFERENCES IN TEXT Section 414(a)(3)(A) of the Civil Service Reform Act of 1978, referred to in subsec. (b)(5), is section 414(a)(3)(A) of Pub. L. 95–454, title IV, Oct. 13, 1978, 92 Stat. 1178, which is set out as a note under sections 3104 and 5108 of Title 5. CODIFICATION In subsecs. (a) and (d), ‘‘May 4, 1980’’ substituted for ‘‘the effective date of this chapter’’ pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title. AMENDMENTS 2002—Subsec. (b)(2). Pub. L. 107–279 struck out par. (2) which read as follows: ‘‘At the request of the Secretary, the Director of the Office of Personnel Management shall, under section 3104 of title 5, provide for the estab- lishment in the Office created by section 3419 of this title of a number of scientific, professional, and tech- nical positions outside of the General Schedule equal to the number of such positions which were used pri- marily for the performance of functions and offices transferred under this chapter and which were assigned and filled on the day before May 4, 1980.’’ 1994—Subsec. (b)(2). Pub. L. 103–382 made technical amendment to reference to section 3419 of this title to reflect renumbering of corresponding section of origi- nal act. 1986—Subsec. (c). Pub. L. 99–498 struck out subsec. (c) which read as follows: ‘‘The Secretary may appoint, without regard to the provisions of title 5 governing ap- pointment in the competitive service, up to 175 sci- entific, technical, or professional employees of the Of- fice created by section 3419 of this title and may com- pensate employees so appointed without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Sched- ule pay rates. The rate of basic compensation for such employees shall not be equal to or in excess of the min- imum rate of pay currently paid for GS–16 of the Gen- eral Schedule under section 5332 of such title.’’ 1985—Subsec. (f). Pub. L. 99–145 struck out subsec. (f) which deemed any reference to ‘‘civilian component’’ as including a reference to overseas personnel of the overseas dependents’ education system for purposes of any status of forces agreement between the United States and any other country or any international or- ganization.