21

1

(b) The transfer of functions effected by subsection (a)

2 of this section shall not alter in any way the existing trust 3 responsibilities of the United States for the Indians, Alaskan 4 Natives, and Aleuts, or the existing eligibility standards for 5 programs transferred under subsection (a) of this section. 6 (c) Not later than three years after the effective date of 7 this Act, and every three years thereafter, the Secretary 8 shall transmit to the Congress a comprehensive plan for the 9 education of Indians, Alaskan Natives, and Aleuts.

10

14

(d) Notwithstanding the provisions of section 601 of 11 this Act, the transfer of functions relating to the operation, 12 construction, and maintenance of schools and dormitories 13 effected by subsection (a) of this section shall be effective at such time or times and in such manner as the President 15 shall prescribe, but in no case later than three years after 16 the effective date of this Act. Not later than one year after 17 the effective date of this Act, the Secretary shall transmit 18 to the Congress a plan for effecting such transfers. Such plan 19 shall be developed in consultation with representatives of 20 the affected tribes, bands, Indian organizations, and other

21

22

23

groups.

TRANSFERS FROM THE DEPARTMENT OF DEFENSE

SEC. 304. (a) There are hereby transferred to and

24 vested in the Secretary all functions of the Secretary of

22

1 Defense or the Department of Defense relating to the oper

2

ation of schools for overseas dependents of personnel of the 3 Department of Defense.

4

(b) The Secretary is authorized to operate a program 5 for the education of overseas dependents of personnel of 6 the Department of Defense.

7 (c) In addition to authorities available to the Secretary 8 under this or any other Act, the authorities available to the 9 Secretary of Defense and the Secretaries of the military 10 departments under the Defense Department Overseas Teach11 ers Pay and Personnel Practices Act shall be available to the 12 Secretary with respect to the program transferred and au13 thorized by this section.

14

(d) Notwithstanding the provisions of section 601 of 15 this Act, the transfer of functions specified in subsection (a) 16 of this section shall be effective at such time or times and 17 in such manner as the President shall prescribe, but in no 18 case later than three years after the effective date of this Act. 19 Not later than one year after the effective date of this Act, 20 the Secretary shall transmit to the Congress a plan for 21 effecting such transfers.

23

22 TRANSFERS FROM THE NATIONAL SCIENCE FOUNDATION SEC. 305. (a) There are hereby transferred to and 24 vested in the Secretary all programs, established prior to 25 the effective date of this Act, of the National Science

23

1 Foundation or its Director relating to science education 2 pursuant to section 3 (a) (1) of the National Science 3 Foundation Act of 1950, except those programs (1) of 4 fellowships and traineeships integral to the support of 5 scientific research and development or (2) relating to 6 ethical, value, and science policy issues or to communicating 7 science values to nonscientists.

8 (b) The Secretary is authorized to conduct the programs 9 transferred by subsection (a) of this section.

10 (c) In conducting the programs transferred by subsec11 tion (a) of this section, the Secretary shall consult, as 12 appropriate, with the Director of the National Science 13 Foundation.

14

(d) Nothing in this section is intended to repeal or 15 limit the authority of the National Science Foundation to 16 initiate and conduct programs not established prior to the 17 effective date of this Act under section 3 (a) (1) of the 18 National Science Foundation Act of 1950.

19

20

22

TRANSFERS FROM THE DEPARTMENT OF JUSTICE

SEC. 306. There are hereby transferred to and vested in 21 the Secretary all functions vested in the Attorney General, 22 the Department of Justice, or the Administrator of the Law 23 Enforcement Assistance Administration with regard to the 24 student loan and grant programs known as the law enforce25 ment and education program and the law enforcement

24

1 intern program authorized by subsections (b), (c), and (f)

2

of section 406 of the Omnibus Crime Control and Safe Streets 3 Act of 1968.

4 TRANSFERS FROM THE DEPARTMENT OF HOUSING AND

5

6

URBAN DEVELOPMENT

SEC. 307. There are hereby transferred to and vested in

7 the Secretary all functions relating to college housing loans

8 vested in the Secretary of Housing and Urban Development

9

or the Department of Housing and Urban Development by 10 title IV of the Housing Act of 1950.

11

12

EFFECT OF TRANSFERS

SEC. 308. The transfer of a function or program from an 13 officer or agency to the Secretary or to the Department in14 cludes any aspects of such function or program vested in a 15 subordinate of such officer or in a component of such agency. TITLE IV-ADMINISTRATIVE PROVISIONS

16

17

18

199

PART A-PERSONNEL PROVISIONS

OFFICERS AND EMPLOYEES

SEC. 401. (a) The Secretary is authorized to appoint

20 and fix the compensation of such officers and employees as 21 may be necessary to carry out the functions of the Secretary 22 and the Department. Except as otherwise provided by law, 23 such officers and employees shall be appointed in accordance 24 with the civil service laws and their compensation fixed in

25

1 accordance with chapter 51 and subchapter III of chapter 53

2 of title 5, United States Code.

3

(b) (1) Subject to the provisions of chapter 51 of 4 title 5, United States Code, but notwithstanding the last 5 two sentences of section 5108 (a) of such title, the Secre6 tary may place in grades GS-16, GS-17, and GS-18 all 7 positions in such grades assigned and employed, or proposed, 8 as of June 1, 1978, in connection with functions transferred 9 under this Act, subject to the limitation of the first sentence 10 of section 5108 (a) of such title.

11

(2) Appointments under this subsection may be made 12 without regard to the provisions of section 3324 of title 5, 13 United States Code, relating to the approval by the Civil 14 Service Commission of appointments in grades GS-16, GS15 17, and GS-18, if the individual placed in such position is 16 transferred to the Department in connection with a transfer 17 of functions under this Act and, immediately before the ef18 fective date of this Act, held a position and duties compar19 able to those of such position.

20 (3) The authority of the Secretary under this subsection 21 to appoint personnel without regard to sections 3324 and 22 5108 (a) of title 5, United States Code, shall cease with re23 spect to any position when the person first appointed to fill 24 such position leaves such position.

33-567-78-3