20 U.S.C. § 3472 — Delegation of functions

Page 1177 TITLE 20—EDUCATION § 3473 Editorial Notes 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 1995—Subsec. (a)(2). Pub. L. 104–66 struck out before period at end ‘‘and shall, within 120 days after the en- actment of an appropriation Act containing a work- year limitation, prepare and transmit to the Congress a report on such allocation. Such report shall include explanations and justifications for the allocations made by the Secretary and shall indicate the necessary personnel actions which will be required as a con- sequence of such allocation. Not later than 120 days after the conclusion of any fiscal year to which a work- year limitation established under paragraph (1) applies, the Secretary shall prepare and transmit to the Con- gress a report on compliance with such limitation indi- cating the total work-years actually expended by the Department and by the organizational units and com- ponents to which such work-years were allocated’’. PART B—GENERAL ADMINISTRATIVE PROVISIONS § 3471. General authority (a) Force and effect of actions by Secretary In carrying out any function transferred by this chapter, the Secretary, or any officer or employee of the Department, may exercise any authority available by law (including appropria- tion Acts) with respect to such function to the official or agency from which such function is transferred, and the actions of the Secretary in exercising such authority shall have the same force and effect as when exercised by such offi- cial or agency. (b) Reporting requirements (1) The director of any office continued in the Department the director of which was required, prior to May 4, 1980, to report to the Commis- sioner of Education or the Assistant Secretary for Education of the Department of Health, Edu- cation, and Welfare, shall report to the Sec- retary. (2) The Secretary is authorized to delegate re- porting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department. (Pub. L. 96–88, title IV, § 411, Oct. 17, 1979, 93 Stat. 683.) Editorial Notes CODIFICATION In subsec. (b)(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. § 3472. Delegation of functions Except as otherwise provided in this chapter, the Secretary may delegate any function to such officers and employees of the Department as the Secretary may designate, and may au- thorize such successive redelegations of such functions within the Department as may be nec- essary or appropriate. No delegation of func- tions by the Secretary under this section or under any other provision of this chapter shall relieve the Secretary of responsibility for the administration of such functions. (Pub. L. 96–88, title IV, § 412, Oct. 17, 1979, 93 Stat. 684.) § 3473. Reorganization of Department (a) Authorization; limitations The Secretary is authorized, subject to the re- quirements of section 3412(f) of this title, to al- locate or reallocate functions among the officers of the Department, and to establish, consoli- date, alter, or discontinue such organizational entities within the Department as may be nec- essary or appropriate, but the authority of the Secretary under this subsection does not extend to— (1) any office, bureau, unit, or other entity transferred to the Department and established by statute or any function vested by statute in such an entity or officer of such an entity, ex- cept as provided in subsection (b); (2) the abolition of organizational entities established by this chapter; or (3) the alteration of the delegation of func- tions to any specific organizational entity re- quired by this chapter. (b) Alteration, consolidation, or discontinuance of statutory and organizational entities (1) The Secretary may, in accordance with paragraph (2) of this subsection, consolidate, alter, or discontinue any of the following statu- tory entities, or reallocate any functions vested by statute in the following statutory entities: (A) the Office of English Language Acquisi- tion, Language Enhancement, and Academic Achievement for Limited English Proficient Students; (B) the Teacher Corps; (C) the Community College Unit; (D) the National Center for Education Sta- tistics; (E) the National Institute of Education; (F) the Office of Environmental Education; (G) the Office of Consumers’ Education; (H) the Office of Indian Education; (I) the Office of Career Education; (J) the Office of Non-Public Education; (K) the bureau for the education and train- ing for the handicapped; and (L) the administrative units for guidance and counseling programs, the veterans’ cost of instruction program, and the program for the gifted and talented children. (2) The Secretary may alter, consolidate, or discontinue any organizational entity continued within the Department and described in para- graph (1) of this subsection or reallocate any function vested by statute in such an entity, upon the expiration of a period of ninety days after the receipt by the Committee on Labor and Human Resources of the Senate and the Com- mittee on Education and Labor of the House of Representatives of notice given by the Secretary containing a full and complete statement of the action proposed to be taken pursuant to this subsection and the facts and circumstances re- lied upon in support of such proposed action. (Pub. L. 96–88, title IV, § 413, Oct. 17, 1979, 93 Stat. 684; Pub. L. 96–496, title II, § 202, Dec. 4,