DEPARTMENT OF EDUCATION ORGANIZATION ACT

AN ACT To establish a Department of Education and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the "Department of Education Organization Act".

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SEC. 508. AMENDMENTS.

(a) Section 19(d)(l) of title 3, United States Code, is amended--
- (1) by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary of Health and Human Services"; and
- (2) by inserting immediately before the period at the end thereof a comma and the following "Secretary of Education".
(b) Section 101 of title 5, United States Code, is amended--
- (1) by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Health and Human Services"; and
- (2) by adding at the end thereof the following:
  - 'The Department of Education."
(c) Section 5312 of title 5, United States Code, is amended by adding at the end thereof the following:
- "(15) Secretary of Education."
(d) Section 5314 of title 5, United States Code, is amended by inserting immediately after paragraph (4) the following:
- "(5) Under Secretary of Education."
(e) Section 5315 of title 5 of the United States Code is amended--
- (1) by striking out paragraph (17) and inserting in lieu thereof the following:
  - "(17) Assistant Secretaries of Health and Human Services (4)."; and
- (2) by inserting immediately after paragraph (24) the following:
  - (25) Assistant Secretaries of Education (6).
  - (26) General Counsel, Department of Education.
  - (27) Inspector General, Department of Education.
(f) Section 5316 of title 5 of the United States Code is amended--
- (1) by striking out Paragraph (41); and
- (2) by inserting after paragraph (36) the following new paragraphs:
  - (37) Additional officers, Department of Education, (4).
  - (38) Administrator of Education for Overseas Dependents, Department of Education.
(g) Subchapter II of chapter 53 of title 5 of the United States Code is further amended by striking out "Health, Education, and Welfare" each place it appears and inserting in lieu thereof "Health and Human Services".
(h) The Comprehensive Employment and Training Act is amended--
- (1) in section 111, by striking out subsection (a) and inserting in lieu thereof the following:
  - "(a) The Secretary of Labor shall consult with the Secretary of Health and Human Services with respect to arrangements for services of a health or welfare character under this Act. The Secretary of Labor shall consult with the Secretary of Education with respect to arrangements for services of an educational nature under this Act, and the Secretary of Education and the Secretary of Health and Human Services shall solicit the advice and comments of appropriate State agencies with regard to, respectively, education and health and welfare services. Such services shall include basic or general education, educational programs conducted for offenders, institutional training, health care, child care, and other supportive services, and new careers and job restructuring in the health, education, and welfare professions.";
- (2) in section 127(b), by striking out "and the Secretary of Health, Education, and Welfare" and inserting in lieu thereof a comma and the following: "the Secretary of Education, and the Secretary of Health and Human Services";
- (3) in section 302(c), by striking out paragraph (3) and inserting in lieu thereof the following:
  - "(d) For the purposes of carrying out subsections (b) and (c) of this section, the Secretary shall reserve from funds available for this title an amount equal to not less than 4.625 percent of the amount allocated pursuant to section 202(a)." ;
- (4) in section 311(g), by striking out "Health, Education, and Welfare," and inserting in lieu thereof "Health and Human Services, Department of Education,";
- (5) in section 314, by striking out "Health, Education, and Welfare" and inserting in lieu thereof "Education" ;
- (6) in section 438(a)(2), by striking out "Health Education, and Welfare," and inserting in lieu thereof "Education, Secretary of Health and Human Services,"; and
- (7) in section 502(a)--
  - (A) by striking out "15" and inserting in lieu thereof "16"; and
  - (B) by striking out "Health, Education, and Welfare," in paragraph (1) ; and inserting in lieu thereof "Education Secretary of Health and Human Services,".
(i) Section 5 of the Alcohol and Drug Abuse Education Act is amended--
- (1) by inserting after "Secretary" in the first sentence "of Health and Human Services, the Secretary of Education"; and
- (2) by striking out "of Health, Education, and Welfare" in the second sentence and inserting in lieu thereof "of Health and Human Services, the Department of Education".
(j) The Defense Dependents' Education Act of 1978 is amended--
- (1) in section 1410(a)(l), by striking out "representatives of sponsors" and inserting in lieu thereof "parents" ;
- (2) in section 1410(b), by striking out "Secretary of Defense" and inserting in lieu thereof "Secretary of Education, in consultation with the Secretary of Defense,";
- (3) in section 1411(a), by striking out "Department of Defense" and inserting in lieu thereof "Department of Education";
- (4) in section 1411(a)(l), by striking out everything after "Logistics" and inserting in lieu thereof ", and the Administrator of Education for Overseas Dependents of such department, who shall be cochairman of the Council;";
- (5) in section 1411(a), by striking out paragraphs (2) and (3) and inserting in lieu thereof the following:
  - (2) twelve individuals appointed by the Secretary of Education, who shall be individuals who have demonstrated an interest in the fields of primary or secondary education and who shall include representatives of professional employee organizations, school administrators, parents of dependents enrolled in the dependents' education system, and one student enrolled in such system;
  - (3) a representative of the Secretary of Education and of the Secretary of Defense.;
- (6) in section 1411(b)(l), by striking out "Assistant Secretary" and inserting in lieu thereof "Secretary of Education";
- (7) in section 1411(c)--
  - (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
  - (B) by inserting after paragraph (1)the following new paragraph:
    - "(2) make recommendations to the Director and to the Secretary of Education on the orderly transfer of the functions under the Dependents' Education Act of 1978 to the Secretary and Department of Education,"; and
- (8) in section 1411(c)(5) (as so redesignated), by striking out "Assistant Secretary" and inserting in lieu thereof "Secretary of Education".
(k) Section 111(c)(2)(B) of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new sentence: 'The Secretary of Health and Human Services shall collect and transmit the information required by this subparagraph to the Secretary not later than January 1 of each year."
(l) -
- (1) Section 352 of the Environmental Education Act of 1978 is amended by striking out "who shall be compensated" and everything that follows through the end of such section and inserting in lieu thereof a period.
- (2) Paragraph (1) of section 160(b) of the Vocational Education Act of 1963 is amended by striking out ", and who shall be compensated" and everything that follows through the end of such paragraph and inserting in lieu thereof a period.
- (3) Section 512 of the Higher Education Act of 1965 is amended by striking out the second sentence and inserting in lieu thereof the following: following: "The Teacher Corps shall be headed by a Director and a Deputy Director.".
- (4) Positions abolished as a consequence of the amendments made by this subsection shall, for purposes of section 502(a), be deemed to be permanent positions transferred pursuant to title V of this Act.
(m) -
- (1) Section 203(a)(1) of the Rehabilitation Act of 1973 is amended by striking out "Commissioner, the Commissioner" and inserting in lieu thereof "Secretary".
- (2) Section 507 of such Act is amended by striking out "Health, Education, and Welfare," and inserting in lieu thereof "Education, the Secretary of Health and Human Services,".
(n) The Inspector General Act of 1978 is amended--
- (1) in section 2(1) by inserting "the Department of Education," immediately after 'Commerce,";
- (2) in section 9(a)(1)--
  - (A) by redesignating subparagraphs (C) through (L) as (D) through (M), respectively; and
  - (B) by inserting immediately after subparagraph (B) the following new subparagraph:
  - (C )"(C) of the Department of Education, all functions of the Inspector General of Health, Education, and Welfare or of the Office of Inspector General of Health, Education, and Welfare relating to functions transferred by section 301 of the Department of Education Organization Act;";
- (3) in section 11(1), by inserting "Education," immediately after "Commerce,";
- (4) in section 11(2), by inserting "Education," immediately after "Commerce,"; and
- (5) by amending the title to read as follows: "An Act to establish Offices of Inspector General within various departments and agencies, and for other purposes.".

SEC. 509. REDESIGNATION.

(a) The Department of Health, Education, and Welfare is hereby redesignated the Department of Health and Human Services and the Secretary of Health, Education, and Welfare or any other official of the Department of Health, Education, and Welfare is hereby redesignated the Secretary or official, as appropriate, of Health and Human Services.
(b) Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the effective date of this Act shall be deemed to refer and apply to the Department of Health and Human Services or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this Act.

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