Department of Education Organization Act - Title I: Findings and Purpose - Declares the purpose of this Act to be: (1) to strengthen the Federal commitment ensuring access to equal educational opportunity for every American; (2) to support more effectively States, localities and public and private institutions in carrying out their responsibilities for education; (3) to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and the sharing of information; (4) to improve the management and efficiency of Federal education activities; (5) to increase the accountability of Federal education programs to the President, the Congress, and the public; (6) to encourage the involvement of the public, parents, and students in Federal education programs; (7) to improve the coordination of Federal education programs; and (8) to prohibit Federal control of education.
Title II: Establishment of the Department - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education.
Establishes within such Department: (1) a position of Under Secretary of Education; (2) six Assistant Secretary positions; (3) an Office for Civil Rights headed by an Assistant Secretary; (4) an Office of Postsecondary Education headed by an Assistant Secretary; (5) an Office of Elementary and Secondary Education headed by an Assistant Secretary; (6) an Office of Educational Research and Improvement headed by an Assistant Secretary; (7) an office to administer functions relating to the education of overseas dependents of Department of Defense personnel; (8) a General Counsel; (9) an Office of Inspector General; (10) an Intergovernmental Advisory Council on Education to provide an educational forum and to promote better intergovernmental relations; and (11) an Interdepartmental Education Coordinating Committee to assure effective coordination of Federal educational programs and practices.
Title III: Transfers - Transfers from the Department of Health, Education, and Welfare (HEW) educational functions and offices vested in: (1) the Assistant Secretary for Education; (2) the Education Division; (3) the Office for Civil Rights; (4) any statutory advisory committee or authority giving advice primarily concerning functions transferred under this Act; (5) the Institute of Museum Services; (6) the Advisory Council on Education Statistics; (7) the Federal Education Data Acquisition Council; and (8) certain functions of the Office of Inspector General.
Transfers from HEW educational functions vested in the Secretary under: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Education Amendments of 1978; (5) the Act of August 30, 1898; (6) the Elementary and Secondary Education Act of 1965; (7) the Alcohol and Drug Abuse Education Act; (8) the Environmental Education Act; (9) the National Defense Education Act of 1958; (10) the Education of the Handicapped Act; (11) the National Commission on Libraries and Information Science Act; (12) the Vocational Education Act of 1963; (13) certain provisions of the Economic Opportunity Act of 1964; (14) certain parts of the Public Health Service Act regarding student aid; (15) the Model Secondary School for the Deaf Act; (16) certain telecommunications grants under the Communications Act of 1934; and (17) certain provisions of the Federal Property and Administrative Services Act of 1949.
Transfers from HEW educational functions relating to Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf.
Transfers to the Department of Education from the Departments of: (1) Labor, certain functions regarding Native Americans manpower training under the Comprehensive Employment and Training Act of 1973; (2) Defense, the administration and operation of overseas dependents schools under the Defense Dependents' Education Act of 1978; (3) Justice, the student loan and grant programs known as the Law Enforcement and Education Program and the Law Enforcement Intern Program under the Omnibus Crime Control and Safe Streets Act of 1968; and (4) Housing and Urban Development, the administration of college housing loans under the Housing Act of 1950.
Transfers to the Department of Education specified science education programs of the National Science Foundation.
Title IV: Administrative Provisions - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the Civil Service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act.
Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act.
Authorizes the Secretary to: (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations; (3) provide technical advice to participants or potential participants in Departmental programs; (4) maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations; (7) utilize, with their consent, Federal, State, or foreign facilities; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and requests of real and personal property; (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department.
Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include a statement of goals and priorities and an assessment of progress.
Title V: Transitional, Savings, and Conforming Provisions - Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health Education, and Welfare as the Secretary of Health and Human Services.
Title VI: Effective Date and Interim Appointment - Directs that this Act shall take effect 180 days after the Secretary of Education takes office. Allows the President to make initial interim appointments to the Department of Education under specified conditions.
Introduced in Senate
Referred to Senate Committee on Governmental Affairs.
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