Pub. L. 102-103, tit. II, sec. 201
ESTABLISHMENT OF POSITION.
SEC. 201. ESTABLISHMENT OF POSITION. Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(d) There may be in the Department an Under Secretary of Education who shall perform such functions as the Secretary may prescribe. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate.”.