US Code

Public Law 119-87 (04/30/2026)

20 U.S.C. § 3441

Transfers from Department of Health, Education, and Welfare

(a)

Functions transferred to Secretary

There are transferred to the Secretary—
(1)
all functions of the Assistant Secretary for Education and of the Commissioner of Education of the Department of Health, Education, and Welfare, and all functions of the Office of such Assistant Secretary and of the Education Division of the Department of Health, Education, and Welfare and of any officer or component of such Office or Division;
(2)
all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under—
(A)
20 U.S.C. 1221 the General Education Provisions Act [ et seq.];
(B)
the Elementary and Secondary Education Act of 1965;
(C)
20 U.S.C. 1001 the Higher Education Act of 1965 [ et seq.];
(D)
the Education Amendments of 1978;
(E)
7 U.S.C. 321–328 the Act of ();
(F)
the National Defense Education Act of 1958;
(G)
the International Education Act of 1966;
(H)
20 U.S.C. 1400 the Individuals with Disabilities Education Act [ et seq.];
(I)
42 U.S.C. 2929 part B of title V of the Economic Opportunity Act of 1964 [ et seq.];
(J)
the National Commission on Libraries and Information Science Act;
(K)
the Vocational Education Act of 1963;
(L)
the Career Education Incentive Act;
(M)
laws relating to the relationship between (i) Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf, and (ii) the Department of Health, Education, and Welfare;
(N)
the Model Secondary School for the Deaf Act;
(O)
47 U.S.C. 395 subpart A[C] of part IV of title III of the Communications Act of 1934 [ et seq.] with respect to the telecommunications demonstration program;
(P)
section 550 of title 40 with respect to donations of surplus property for educational purposes; and
(Q)
the Alcohol and Drug Abuse Education Act;
(3)
all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare with respect to or being administered by the Office for Civil Rights which relate to functions transferred by this section;
(4)
(A)
29 U.S.C. 70142 U.S.C. 422 all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973 [ et seq.], except that the provisions of this subparagraph shall not be construed to transfer to the Secretary the functions of the Secretary of Health, Education, and Welfare under sections 222 and 1615 of the Social Security Act [ and 1382d];
(B)
20 U.S.C. 107 all functions with respect to or being administered by the Secretary of Health, Education, and Welfare through the Commissioner of Rehabilitation Services under the Act of , commonly referred to as the Randolph-Sheppard Act ( et seq.);
(C)
29 U.S.C. 701 all functions of the Commissioner of Rehabilitation and the Director of the National Institute of Handicapped Research of the Department of Health, Education, and Welfare under the Rehabilitation Act of 1973 [ et seq.];
(5)
all functions of the Advisory Council on Education Statistics; and
(6)
all functions of the Federal Education Data Acquisition Council.
(b)

Offices, etc., transferred to Department

There are transferred to the Department—
(1)
all offices in the Office of the Assistant Secretary for Education or in the Education Division of the Department of Health, Education, and Welfare;
(2)
all offices in the Department of Health, Education, and Welfare established under the provisions of law listed in subparagraphs (A) through (Q) of subsection (a)(2);
(3)
29 U.S.C. 701 all offices in the Department of Health, Education, and Welfare established under the Rehabilitation Act of 1973 [ et seq.];
(4)
the Advisory Council on Education Statistics;
(5)
the Federal Education Data Acquisition Council; and
(6)
any advisory committee of the Department of Health, Education, and Welfare giving advice or making recommendations that primarily concern education functions transferred by this section.
(c)

Administrative functions transferred to Secretary

There are transferred to the Secretary all functions of the Secretary of Health, Education, and Welfare, the Assistant Secretary for Education, or the Commissioner of Education of the Department of Health, Education, and Welfare, as the case may be, with respect to—
(1)
the Education Division of the Department of Health, Education, and Welfare;
(2)
the Office of the Assistant Secretary for Education, including the National Center for Education Statistics; and
(3)
any advisory committee in the Department of Health, Education, and Welfare giving advice and making recommendations principally concerning education functions transferred by this section.
(d)

Reservation of functions relating to Project Head Start

42 U.S.C. 2928Nothing in the provisions of this section or in the provisions of this chapter shall authorize the transfer of functions under part A of title V of the Economic Opportunity Act of 1964 [ et seq.], relating to Project Head Start, from the Secretary of Health, Education, and Welfare to the Secretary.

Pub. L. 96–88, title III, § 30193 Stat. 677 Pub. L. 101–476, title IX, § 901(a)(2)104 Stat. 1142 Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(b)(2)]110 Stat. 3009–233 (, , ; , , ; , , , 3009–313.)

Editorial Notes

References in Text

Pub. L. 90–24781 Stat. 814 section 1221 of this titleThe General Education Provisions Act, referred to in subsec. (a)(2)(A), is title IV of , , , which is classified generally to chapter 31 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

Pub. L. 89–1079 Stat. 27 section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(B), is , , , which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 89–32979 Stat. 1219 section 1001 of this titleThe Higher Education Act of 1965, referred to in subsec. (a)(2)(C), is , , , which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 95–56192 Stat. 2143 section 6301 of this titleThe Education Amendments of 1978, referred to in subsec. (a)(2)(D), is , , . For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under and Tables.

7 U.S.C. 321–328act Aug. 30, 1890, ch. 841 26 Stat. 417 section 321 of Title 7Act of (), referred to in subsec. (a)(2)(E), is , , popularly known as the Agricultural College Act of 1890 and also as the Second Morrill Act, which is classified generally to subchapter II (§ 321 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 85–86472 Stat. 1580 The National Defense Education Act of 1958, referred to in subsec. (a)(2)(F), is , , , which was classified principally to chapter 17 (§ 401 et seq.) of this title prior to omission from the Code. For complete classification of this Act to the Code, see Tables.

Pub. L. 89–69880 Stat. 1066 section 601(c)(2) of Pub. L. 96–374The International Education Act of 1966, referred to in subsec. (a)(2)(G), is , , , which was classified principally to chapter 29 (§ 1171 et seq.) of this title and was substantially repealed by . For complete classification of this Act to the Code, see Tables.

Pub. L. 91–23084 Stat. 175 section 1400 of this titleThe Individuals with Disabilities Education Act, referred to in subsec. (a)(2)(H), is title VI of , , , which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see and Tables.

Pub. L. 88–45278 Stat. 508 Pub. L. 97–35, title VI, § 683(a)95 Stat. 519 The Economic Opportunity Act of 1964, referred to in subsecs. (a)(2)(I) and (d), is , , . Parts A and B of title V of the Economic Opportunity Act of 1964 were classified generally to parts A (§ 2928 et seq.) and B (§ 2929 et seq.) of subchapter V of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by , , . For complete classification of this Act to the Code, see Tables.

Pub. L. 91–34584 Stat. 440 Pub. L. 111–340, title IV, § 401(a)124 Stat. 3604 The National Commission on Libraries and Information Science Act, referred to in subsec. (a)(2)(J), is , , , which was classified generally to chapter 34 (§ 1501 et seq.) of this title, and was repealed by , , .

Pub. L. 88–21077 Stat. 403 Pub. L. 94–482, title II, § 202(a)90 Stat. 2169 Pub. L. 98–524, § 198 Stat. 2435 Pub. L. 101–392104 Stat. 753 Pub. L. 105–332, § 1(b)112 Stat. 3076 Pub. L. 109–270, § 1(b)120 Stat. 683 section 2301 of this titleThe Vocational Education Act of 1963, referred to in subsec. (a)(2)(K), was title I of , , , as amended generally by , , , which was classified to chapter 44 (§ 2301 et seq.) of this title, prior to amendment by , , , striking out all after the enacting clause and inserting in lieu thereof titles I to V, to be cited as the Carl D. Perkins Vocational Education Act. The Act was subsequently amended extensively by , , , which renamed it the Carl D. Perkins Vocational and Applied Technology Education Act, amended generally by , , , which renamed it the Carl D. Perkins Vocational and Technical Education Act of 1998, and again amended generally by , , , which renamed it the Carl D. Perkins Career and Technical Education Act of 2006. For additional details, see Codification note preceding .

Pub. L. 95–20791 Stat. 1464 Pub. L. 97–35, title V, § 587(a)(4)95 Stat. 480 The Career Education Incentive Act, referred to in subsec. (a)(2)(L), is , , , which was classified principally to chapter 46 (§ 2601 et seq.) of this title prior to its repeal by , , .

Pub. L. 89–69480 Stat. 1027 Pub. L. 99–371, title IV, § 410(c)100 Stat. 794 The Model Secondary School for the Deaf Act, referred to in subsec. (a)(2)(N), is , , , which was classified to subchapter II (§ 693 et seq.) of chapter 20B of this title, and was repealed by , , . See section 4321 et seq. of this title.

act June 19, 1934, ch. 652 48 Stat. 1064 section 201 of Pub. L. 95–56792 Stat. 2409 Pub. L. 101–437, title II, § 203(a)(2)104 Stat. 998 section 609 of Title 47The Communications Act of 1934, referred to in subsec. (a)(2)(O), is , . Subpart A of part IV of title III of the Act (which is classified principally to subpart A (§ 390 et seq.) of part IV of subchapter III of chapter 5 of Title 47, Telecommunications) was amended by , , , and, as so amended, the provisions relating to telecommunications demonstrations which had appeared in subpart A were restated in a new subpart B (§ 395 et seq.). Subpart B was subsequently redesignated subpart C by , , . For complete classification of the 1934 Act to the Code, see and Tables.

Pub. L. 91–52784 Stat. 1385 Pub. L. 97–35, title V, § 587(a)(3)95 Stat. 480 The Alcohol and Drug Abuse Education Act, referred to in subsec. (a)(2)(Q), is , , , which was classified generally to chapter 14 (§ 1001 et seq.) of Title 21, Food and Drugs, prior to repeal by , , .

Pub. L. 93–11287 Stat. 355 section 701 of Title 29The Rehabilitation Act of 1973, referred to in subsecs. (a)(4)(A), (C), and (b)(3), is , , , which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 20, 1936, ch. 638 49 Stat. 1559 section 107 of this titleAct of , referred to in subsec. (a)(4)(B), is , , known as the Randolph-Sheppard Act and also popularly known as the Randolph-Sheppard Vending Stand Act, which is classified generally to chapter 6A (§ 107 et seq.) of this title. For complete classification of this Act to the Code, see Short Title notes set out under and Tables.

Codification

Section 550 of title 40Pub. L. 107–217, § 5(c)116 Stat. 1303 “” substituted in subsec. (a)(2)(P) for “section 203(k) of the Federal Property and Administrative Services Act of 1949” on authority of , , , the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(A)]1996—Subsec. (a)(5) to (7). , redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former par. (5) which transferred all functions of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Secretary of Education.

Pub. L. 104–208, § 101(e) [title VII, § 709(b)(2)(B)]Subsec. (b)(4) to (7). , redesignated pars. (5) to (7) as (4) to (6), respectively, and struck out former par. (4) which transferred the offices, etc., of the Institute of Museum Services of the Department of Health, Education, and Welfare to the Department of Education.

Pub. L. 101–4761990—Subsec. (a)(2)(H). substituted “Individuals with Disabilities Education Act” for “Education of the Handicapped Act”.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 99–371, title I, § 101(a)100 Stat. 781 section 4301(a) of this titleGallaudet College, referred to in subsec. (a)(2)(M), redesignated Gallaudet University by , , , which is classified to .

Effective Date of 1990 Amendment

Pub. L. 101–476section 1001 of Pub. L. 101–476section 1087ee of this titleAmendment by effective , see , set out as a note under .