An act to establish a Department of Education, and for other purposes.

Summary

Department of Education Organization Act of 1979 - Title I: General Provisions - Declares the purposes of this Act to be to: (1) insure that education receives the appropriate emphasis at the Federal levels; (2) coordinate Federal educational programs; (3) supplement and complement the educational efforts of State, local, and tribal governments, as well as the private sector; and (4) protect the rights of State, local, and tribal governments, and public and non-public educational institutions in the areas of educational policies, administration of programs, and selection of curriculums and program content. Title II: Establishment of 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, offices of Assistant Secretary for: (1) Special Education and Rehabilitative Services; (2) Postsecondary Education; (3) Elementary and Secondary Education; (4) Occupational, Adult, and Community Education; and (5) Educational Research and Development. Establishes within such Department: (1) a Director of the Office of Civil Rights; (2) two additional Assistant Secretaries; (3) an Inspector General; (4) a General Counsel; and (5) an Administrator of Education for Overseas Dependents. Includes, within the functions of such Department, the administration of programs relating to: (1) elementary, secondary, and postsecondary education; (2) occupational, adult, and community education; (3) grants; (4) special education and rehabilitative services; (5) schools for overseas dependents of the Department of Defense; (6) enforcement of civil rights; (7) educational research; (8) intergovernmental policies; (9) public information; and (10) congressional relations. Establishes, within such Department, Offices of: (1) Civil Rights; (2) Elementary and Secondary Education; (3) Postsecondary Education; (4) Occupational, Adult, and Community Education; (5) Special Education and Rehabilitative Services; (6) Education for Overseas Dependents; (7) Educational Research and Improvement; (8) Inspector General; and (9) General Counsel. Establishes within such Department an Intergovernmental Advisory Council on Education to assure the effective coordination of Federal programs. Establishes a Federal Interagency Committee on Education to assist the Secretary in coordinating the procedures and actions of the Department with other Federal agencies. Title III: Transfers of Agencies and Functions - Transfers to the Department from the Department of Health, Education, and Welfare (HEW): (1) the Education Division of HEW, including the National Institute of Education; (2) the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; (3) the Institute of Museum Services; (4) any advisory committees primarily concerned with education; and (5) the Office of Information and Resources for Handicapped Individuals; (6) the Rehabilitation Services Administration, except the part of such Administration that administers the Developmental Disabilities Assistance and Bill of Rights Act; (7) the National Institute of Handicapped Research; (8) the Interagency Committee on Handicapped Research; (9) the Helen Keller National Center for Deaf-Blind Youth and Adults; and (10) the National Council on the Handicapped. Transfers from HEW to the Department of Education educational functions regarding: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Emergency Insured Student Loan Act of 1969; (5) the Act of August 30, 1898; (6) title II of the Elementary and Secondary Education Act of 1965; (7) certain provisions of the Alcohol and Drug Abuse Education Act; (8) the International Education Act of 1966; (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) the Career Education Incentive Act; (14) the Office of Civil Rights; (15) the budgetary oversight of certain educational institutions; (16) certain loans and scholarships for students in the medical and health services under the Public Health Service Act; (17) certain provisions under the Rehabilitation Act of 1973; (18) the National Institute of Education and the Institute of Museum Services; (19) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf; and (20) telecommunications grants under the Communications Act of 1934. Transfers to the Department of Education from the Departments of: (1) Defense, the administration and operation of overseas dependents schools; (2) Justice, the student loan and grant programs known as the Law Enforcement and Education Program and the Law Enforcement Intern Program; and (3) Housing and Urban Development, the administration of college housing loans. Transfers to the Department of Education: (1) specified functions of the National Science Foundation; and (2) the Advisory Council on Educational Statistics. 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. Stipulates that Congress shall authorize the annual number of personnel for the Department of Education. Establishes guidelines for computing such personnel authorization. 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, tribal, 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: (1) a statement of goals and priorities; (2) an assessment of progress; (3) an analysis of data concerning changing trends in education and areas of particular educational concern; (4) five-year budget projections; and (5) recommendations made by the Federal Interagency Committee on Education. Requires that public hearings be held as part of the preparation of such report. Directs that the Secretary of Health and Human Services, the Secretary of the Interior, and the Director of the Office of Management and Budget jointly conduct a study of the administration of Federal Indian education programs, and that such study be submitted to the Congress and the President within six months of enactment of this Act. Stipulates that such study contain; (1) an analysis of problems and recommendations for improvements; and (2) recommendations concerning the proper organizational structure for Indian education programs within the Federal Government. Provides that, except where inconsistent with provisions of this Act, the General Education Provisions Act shall apply to functions transferred by this Act. 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, or earlier if the President so decides. Authorizes the President to make initial interim appointments to the Department of Education under specified conditions.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 18 October 1979

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• Conference report filed in Senate

  summary · EN · 21 September 1979

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• Passed House amended

  summary · EN · 11 July 1979

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• Passed Senate amended

  summary · EN · 30 April 1979

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• Reported to Senate with amendment(s)

  summary · EN · 27 March 1979

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• Introduced in Senate

  summary · EN · 24 January 1979

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