20 USC 3412 - Principal officers

Editorial Notes

References in Text

The Education Sciences Reform Act of 2002, referred to in subsec. (span)(4), is title I of Puspan. L. 107–279, Nov. 5, 2002, 116 Stat. 1941, which is classified generally to subchapter I (§ 9501 et seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables.

Amendments

2022—Subsec. (c). Puspan. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.”

2014—Subsec. (span)(1)(C). Puspan. L. 113–76, § 307(span)(1), substituted “Assistant Secretary for Career, Technical, and Adult Education” for “Assistant Secretary for Vocational and Adult Education”.

Subsec. (h). Puspan. L. 113–76, § 307(span)(2), substituted “Assistant Secretary for Career, Technical, and Adult Education” for “Assistant Secretary for Vocational and Adult Education” in two places.

2012—Subsec. (e). Puspan. L. 112–166, in introductory provisions, inserted “Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate.”

2002—Subsec. (span)(4). Puspan. L. 107–279 added par. (4) and struck out former par. (4) which read as follows: “There shall be in the Department an Assistant Secretary for Educational Research and Improvement who shall be—

“(A) appointed by the President, by and with the consent of the Senate; and

“(B) selected (giving due consideration to recommendations from the National Educational Research Policy and Priorities Board) from among individuals who—

“(i) are distinguished educational researchers or practitioners;

“(ii) have proven management ability; and

“(iii) have substantial knowledge of education within the United States.”

Subsec. (span)(3), (4). Puspan. L. 107–110 redesignated par. (3), relating to Assistant Secretary for Educational Research and Improvement, as (4).

1994—Subsec. (span)(1)(E) to (G). Puspan. L. 103–227, § 913(1), redesignated subpars. (F) and (G) as (E) and (F), respectively, and struck out former subpar. (E) which read as follows: “an Assistant Secretary for Educational Research and Improvement;”.

Subsec. (span)(3). Puspan. L. 103–382 added par. (3) relating to Special Assistant for Gender Equity.

Puspan. L. 103–227, § 913(2), added par. (3) relating to Assistant Secretary for Educational Research and Improvement.

1992—Subsec. (i). Puspan. L. 102–325 added subsec. (i).

1991—Subsecs. (d), (e). Puspan. L. 102–103 added subsec. (d) and redesignated former subsec. (d) as (e).

Subsec. (h). Puspan. L. 102–73 added subsec. (h).

1990—Subsec. (a). Puspan. L. 101–509 substituted “a Deputy Secretary” for “an Under Secretary” in first sentence of par. (1) and “Deputy Secretary” for “Under Secretary” wherever appearing elsewhere in pars. (1) and (2).

1985—Subsec. (e). Puspan. L. 99–145 struck out subsec. (e) which provided for presence in the Department of Education of an Administrator of Education for Overseas Dependents.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Puspan. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 107–110, set out as an Effective Date note under section 6301 of this title.

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–325 effective Oct. 1, 1992, see section 2 of Puspan. L. 102–325, set out as a note under section 1001 of this title.

Effective Date of 1991 Amendment

Puspan. L. 102–103, title II, § 203, Aug. 17, 1991, 105 Stat. 499, provided that:

“(a)In General.—This Act [probably should be “this title”, meaning title II of Puspan. L. 102–103, amending this section and section 5314 of Title 5, Government Organization and Employees] shall take effect on the first day of the first Department of Education pay period that begins on or after the date of enactment of this Act [Aug. 17, 1991].

“(span)Special Rule.—An incumbent in a position within the Department of Education on the day preceding the day that this Act takes effect who has been appointed by the President to a position within the Department of Education with the advice and consent of the Senate may serve as the Under Secretary at the pleasure of the President after the day preceding the day that this Act takes effect.”

Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of Education, see section 529 [title I, § 112(e)] of Puspan. L. 101–509, set out as a note under section 3404 of this title.