The Secretary is authorized, subject to the requirements of section 3412(f) of this title, to allocate or reallocate functions among the officers of the Department, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate, but the authority of the Secretary under this subsection does not extend to—
(1) any office, bureau, unit, or other entity transferred to the Department and established by statute or any function vested by statute in such an entity or officer of such an entity, except as provided in subsection (b) of this section;
(2) the abolition of organizational entities established by this chapter; or
(3) the alteration of the delegation of functions to any specific organizational entity required by this chapter.
(1) The Secretary may, in accordance with paragraph (2) of this subsection, consolidate, alter, or discontinue any of the following statutory entities, or reallocate any functions vested by statute in the following statutory entities:
(A) the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students;
(B) the Teacher Corps;
(C) the Community College Unit;
(D) the National Center for Education Statistics;
(E) the National Institute of Education;
(F) the Office of Environmental Education;
(G) the Office of Consumers' Education;
(H) the Office of Indian Education;
(I) the Office of Career Education;
(J) the Office of Non-Public Education;
(K) the bureau for the education and training for the handicapped; and
(L) the administrative units for guidance and counseling programs, the veterans' cost of instruction program, and the program for the gifted and talented children.
(2) The Secretary may alter, consolidate, or discontinue any organizational entity continued within the Department and described in paragraph (1) of this subsection or reallocate any function vested by statute in such an entity, upon the expiration of a period of ninety days after the receipt by the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives of notice given by the Secretary containing a full and complete statement of the action proposed to be taken pursuant to this subsection and the facts and circumstances relied upon in support of such proposed action.
(Pub. L. 96–88, title IV, §413, Oct. 17, 1979, 93 Stat. 684; Pub. L. 96–496, title II, §202, Dec. 4, 1980, 94 Stat. 2593; Pub. L. 104–208, div. A, title I, §101(e) [title VII, §709(c)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–313; Pub. L. 107–110, title X, §1072(b), Jan. 8, 2002, 115 Stat. 2089.)
Last modified: October 26, 2015