Pub. L. 93-380, tit. V, sec. 502

general provisions relating to officers in the education division

EnactedYear: 1974Length: 626 wordsOfficial source
general provisions relating to officers in the education division Sec. 502. (a) (1) The General Education Provisions Act is amended by adding after section 406 the following new sections: “rules for education officers of the united states “Sec. 407. (a) For the purposes of this section, the term ‘education officer of the United States’ means any person appointed by the President pursuant to this part, except members of commissions, councils, and boards. “(b) Each education officer of the United States shall serve at the pleasure of the President. “(c) No education officer of the United States shall engage in any other business, vocation, or employment while serving in the position to which he is appointed; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have any financial interest in, any organization, agency, or institution to which an agency in the Education Division makes a grant or with which any such agency makes a contract or any other financial arrangement. “(d) No person shall hold, or act for, more than one position as an education officer of the United States for more than a 30 day period. “general authority of administrative heads of education agencies “Sec. 408. (a) Each administrative head of an education agency, in order to carry out functions otherwise vested in him by law, is, subject to limitations as may be otherwise imposed by law, authorized— “(1) to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of the agency of which he is head; “(2) in accordance with those provisions of title 5, United States Code, relating to the appointment and compensation of personnel and subject to such limitations as are imposed in this part, to appoint and compensate such personnel as may be necessary to enable such agency to carry out its functions; “(3) to accept unconditional gifts or donations of services, money, or property (real, personal, or mixed; tangible or intangible); “(4) without regard for section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary for the conduct of such agency; “(5) with funds expressly appropriated for such purpose, to construct such facilities as may be necessary to carry out functions vested in him or in the agency of which he is head, and to acquire and dispose of property; and “(6) to use the services of other Federal agencies and reimburse such agencies for such services. “(b) Any administrative head of an education agency is, subject to any other limitations on delegations of authority provided by law, authorized to delegate any of his functions under this section to an officer or employee of that agency. “(c) For the purposes of this section, the term ‘administrative head of an education agency’ means the Commissioner and the Director of the National Institute of Education. To the extent that the Assistant 88 Stat. 560Secretary is directly responsible for the administration of a program and to the extent that the Assistant Secretary is responsible for the supervision of the National Center for Education Statistics, the Assistant Secretary shall, for such purposes, be considered within the meaning of such term.”. (2) The General Education Provisions Act is amended— (A) in section 402(b), by striking out the second sentence thereof: (B) in section 405— (I) by striking out that part of the first sentence of subsection (d)(1) which follows “Senate” and inserting in lieu thereof a period, and (II) by striking out subsection (f). (b) The amendments made by this section shall be effective on the tenth day after the date of enactment of this Act.
Pub. L. 93-380, tit. V, sec. 502: general provisions relating to officers in the education division | Justis AI