Department of Education Organization Act

(Measure passed House, amended, roll call #314 (210-206))

Department of Education Organization Act - =Title I: Findings and Purpose= - Declares the purpose of this Act to be: (1) to strengthen the Federal commitment ensuring access to equal educational opportunity for every American; (2) to support more effectively States, localities and public and private institutions in carrying out their responsibilities for education; (3) to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and the sharing of information; (4) to improve the management and efficiency of Federal education activities; (5) to increase the accountability of Federal education programs to the President, the Congress, and the public; (6) to encourage the involvement of the public, parents, and students in Federal education programs; (7) to improve the coordination of Federal education programs; (8) to prohibit Federal control of education; and (9) to permit daily opportunities for prayer or meditation.

Prohibits the withholding of funds from schools on the basis of any requirement imposed by the Secretary or the Department. Stipulates that Department regulations shall not have the standing of Federal statutes. Denies the Secretary the authority to require the transportation of students or teachers to achieve racial balance. Prohibits denying educational opportunities on the basis of quotas related to race, creed, color, national origin, or sex.

=Title II: Establishment of the Department= - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education.

Establishes within such Department: (1) a position of Under Secretary of Education; (2) principal officers one of whom shall be responsible for rural education assistance and to coordinate such programs with other Federal departments; (3) an Office for Civil Rights headed by an Assistant Secretary; (4) an Office of Postsecondary Education headed by an Assistant Secretary; (5) an Office of Elementary and Secondary Education headed by an Assistant Secretary; (6) an Office of Special Education and Rehabilitation Services headed by an Assistant Secretary; (7) an Assistant Secretary for Vocational and Adult Education; (8) an Office of Educational Research and Improvement headed by an Assistant Secretary; (9) an office to administer functions relating to the education of overseas dependents of Department of Defense personnel; (10) an Office of Bilingual Education and Minority Languages Affairs headed by a Director; (11) a General Counsel; (12) an Office of Inspector General; (13) an Intergovernmental Advisory Council on Education to provide an educational forum and to promote better intergovernmental relations; and (14) an Interdepartmental Education Coordinating Committee to assure effective coordination of Federal educational programs and practices.

=Title III: Transfers= - Transfers from the Department of Health, Education, and Welfare (HEW) educational functions and offices vested in: (1) the Assistant Secretary for Education; (2) the Education Division; (3) the Office for Civil Rights; (4) vocational rehabilitation and related programs; (5) any statutory advisory committee or authority giving advice primarily concerning functions transferred under this Act; (6) the Institute of Museum Services; (7) the Advisory Council on Education Statistics; (8) the Federal Education Data Acquisition Council; and (9) certain functions of the Office of Inspector General.

Transfers educational functions vested in the Secretary of HEW under: (1) the General Education Provisions Act; (2) the Elementary and Secondary Education Act of 1965; (3) the Higher Education Act of 1965; (4) the Education Amendments of 1978; (5) the Act of August 30, 1890; (6) the National Defense Education Act of 1958; (7) the Education of the Handicapped Act; (8) certain provisions of the Economic Opportunity Act of 1964; (9) the National Commission on Libraries and Information Science Act; (10) the Vocational Education Act of 1963; (11) the Model Secondary School for the Deaf Act; (12) certain provisions of the Communications Act of 1934; (13) certain provisions of the Federal Property and Administrative Services Act of 1949; and (14) the Alcohol and Drug Abuse Education Act.

Transfers from HEW educational functions relating to Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf.

Transfers to the Department of Education from the Departments of: (1) Labor, certain functions regarding migrant and seasonal farmworker employment and training programs under the Comprehensive Employment and Training Act of 1973, upon the establishment of a single component in the new Department responsible for such programs; (2) Defense, the administration and operation of overseas dependents schools under the Defense Dependents' Education Act of 1978; (3) National Science Foundation, science education programs; (4) Justice, the student loan and grant programs known as the law enforcement education program and the law enforcement intern program under the Omnibus Crime Control and Safe Streets Act of 1968; and (5) Housing and Urban Development, the administration of college housing loans under the Housing Act of 1950.

=Title IV: Administrative Provisions= - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the Civil Service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act.

Permits the establishment of 15 Senior Executive Service positions by the Office of Personnel Management.

Requires that the total number of full-time positions in the Department of Education be reduced by 800 by the end of the first fiscal year after enactment of this Act, including consultants and experts. Exempts Department of Defense personnel in overseas schools from such reduction requirement.

Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act.

Authorizes the Secretary to: (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations as limited by appropriation Acts; (3) provide technical advice to participants or potential participants in Departmental programs; (4) establish, maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations, except services and supplies for abortions; (7) utilize, with their consent, Federal, State, or foreign facilities and permit the use of Departmental facilities for anything but the performance of abortions; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and bequests of real and personal property, (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department.

Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include a statement of goals and priorities, and an assessment of progress as well as an estimate of the non-Federal personnel employed pursuant to contracts, the number of such contracts, and the total cost.

Authorizes the appropriation of such sums as are necessary to carry out the provisions of this Act and additional functions that may be in the Department, to remain available until expended.

Prohibits the Secretary from withholding or terminating funds due to the failure of any State to comply with any applicable law concerning administration, during the first eight months after the effective date of this Act.

=Title V: Transitional, Savings, and Conforming Provisions= - Stipulates that, except as otherwise provided in this Act, no full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall be separated or reduced in grade or compensation because of their transfer under this Act for one year after such transfer to the Department. States that any person holding an executive schedule position who is appointed in the Department to a position having duties comparable to those performed in such prior position shall continue to be compensated in the new position at not less than the rate in the previous position for the duration of such person's service in the new position.

Terminates specified offices upon the transfer of functions to the Department as follows: (1) the Education Division of HEW (but not the National Institute of Education); (2) the Office of the Assistant Secretary for Education of HEW; (3) the Office of Education and the Office of the Commissioner of Education of HEW; and (4) the Office for Dependents' Schools of the Department of Defense. Allows each position which was expressly authorized by law, including executive level positions, and which is in an office terminated pursuant to this Act to be terminated.

Authorizes the Director of the Office of Management and Budget to: (1) make necessary determinations about the transfers of functions and offices under this Act; (2) make necessary additional dispositions of personnel, assets, and funds; (3) provide for terminating the affairs of agencies or components terminated under this Act; and (4) take such further measures and dispositions as necessary to effectuate the purposes of this Act.

Provides for the continuation of all effective orders, determination, rules, regulations, permits grants, contracts, certificates, and privileges made before the effective date of this Act. Stipulates that the provisions of this Act shall not affect any proceedings pending at the time this Act takes effect before any department, agency, or commission, the functions or offices of which are transferred to the Department.

Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare as the Secretary of Health and Human Services.

Requires the Director of Office of Personnel Management, within one year after enactment of this Act, to report to the Congress on the personnel effects of creating the Department of Education.

=Title VI: Effective Date and Interim Appointment= - Directs that this Act shall take effect 180 days after the Secretary of Education takes office or anytime after October 1, 1979, as the President may prescribe. Allows the President to make initial interim appointments to the Department of Education under specified conditions.