Title 20 — EducationRelease 119-73
§3471 General authority
Title 20 › Chapter CHAPTER 48— - DEPARTMENT OF EDUCATION › Subchapter SUBCHAPTER IV— - ADMINISTRATIVE PROVISIONS › Part Part B— - General Administrative Provisions › § 3471
Summary
When the Department takes over a function, the Secretary or staff can use any legal power the old agency had, including appropriation Acts, and their actions count the same as the old agency's. Offices that reported to the Commissioner or Assistant Secretary before May 4, 1980 must have directors report to the Secretary, who may delegate.
Full Legal Text
Title 20, §3471
Education — Source: USLM XML via OLRC
(a)In carrying out any function transferred by this chapter, the Secretary, or any officer or employee of the Department, may exercise any authority available by law (including appropriation Acts) with respect to such function to the official or agency from which such function is transferred, and the actions of the Secretary in exercising such authority shall have the same force and effect as when exercised by such official or agency.
(b)(1)The director of any office continued in the Department the director of which was required, prior to May 4, 1980, to report to the Commissioner of Education or the Assistant Secretary for Education of the Department of Health, Education, and Welfare, shall report to the Secretary.
(2)The Secretary is authorized to delegate reporting requirements vested in the Secretary by paragraph (1) to any officer or employee of the Department.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification In subsec. (b)(1), “May 4, 1980” substituted for “the
Effective Date
of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an
Effective Date
note under section 3401 of this title.
Reference
Citations & Metadata
Citation
20 U.S.C. § 3471
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73