PART I-THE OFFICE OF EDUCATION

Revised Statutes of the United States

AN ACT To revise and consolidate the statutes of the United States, in force on the first day of December, anno Domini one thousand eight hundred and seventy three.

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TITLE XI-THE DEPARTMENT OF THE INTERIOR

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Chapter Nine-The Office of Education

SEC. 516. There shall be in the Department of the Interior1 a Bureau called the Office of Education, the purpose and duties of which shall be to collect statistics and facts showing the condition and progress of education in the several States and Territories, and to diffuse such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country.

(20 U.S.C. 1) Enacted June 22, 1874 as R. S. 516, 18 Stat. 84 (18 Stat. 85 rev. ed). Derived from Acts March 2, 1867, ch. 158, sec. 1, 14 Stat. 434.

SEC. 517. The management of the Office of Education shall, subject to the direction of the Secretary of the Interior 1, be intrusted to a Commissioner of Education, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of three thousand dollars a year.2

(20 U.S.C. 2) Enacted June 22, 1874 as R. S. 517, 18 Stat. 85 (18 Stat. 85 rev. ed.). Derived from Acts March 2, 1867, ch. 158, sec. 2, 14 Stat. 434.

SEC. 518. The Commissioner of Education shall present annually to Congress a report embodying the results of his investigations and labors together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which the office is established.

(20 U.S.C. 4) Enacted June 22, 1874, as R. S. 518, 18 Stat. 85 (18 Stat. 86 rev. ed.). Derived from Acts March 2, 1867, ch. 158, sec. 3, 14 Stat. 434.

SEC. 519. Repealed. Oct. 31, 1951, P.L. 247, 82d. Cong., sec. 1(36), 65 Stat. 702.

1 Office of Education transferred July 1, 1939, from Department of the Interior to Federal Security Agency (1939 Reorganization Plan No. 1, secs. 201, 204, 4 F.R. 2728, 53 Stat. 1424), and Apr. 11, 1953, from Federal Security Agency to Department of Health, Education, and Welfare (1953 Reorganization Plan No. 1, secs. 5, 8, 18 F.R. 2053, 67 Stat. 631). Text of reorganization plans reprinted below.

Provision for compensation of the Commissioner of Education at $3,000 a year is obsolete in view of 5 U.S.C. 5316(41), which fixes the compensation of the Commissioner of Education at $26,000 a year.

91-256-69- -3

AN ACT Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June 30, eighteen hundred and ninety seven, and for other purposes.

The Commissioner of Education is hereby authorized to prepare and publish a bulletin of the Bureau of Education 3 as to the condition of higher education, technical and industrial education, facts as to compulsory attendance in the schools, and such other educational topics in the several States of the Union and in foreign countries as may be deemed of value to the educational interests of the States, and there shall be printed one edition of not exceeding twelve thousand five hundred copies of each issue of said bulletin for distribution by the Bureau of Education, the expense of printing and binding such bulletin to be charged to the allotment for printing and binding for the Department of the Interior.

(20 U.S.C. 3) Enacted May 28, 1896, ch. 252, 29 Stat. 171.

Reorganization Plan No. 1

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 25, 1939, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939

SECTION 201. Federal Security Agency. (a) The United States Employment Service in the Department of Labor and its functions and personnel are transferred from the Department of Labor; the Office of Education in the Department of the Interior and its functions and personnel (including the Commissioner of Education) are transferred from the Department of the Interior; the Public Health Service in the Department of the Treasury and its functions and personnel (including the Surgeon General of the Public Health Service) are transferred from the Department of the Treasury; the National Youth Administration within the Works Progress Administration and its functions and personnel (including its Administrator) are transferred from the Works Progress Administration; and these agencies and their functions, together with the Social Security Board and its functions, and the Civilian Conservation Corps and its functions, are hereby consolidated under one agency to be known as the Federal Security Agency, with a Federal Security Administrator at the head thereof. The Federal Security Administrator shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive a salary at the rate of $12,000 per annum. He shall have general direction and supervision over the administration of the several agencies consolidated into the Federal Security Agency by this section and shall be responsible for the coordination of their functions and activities.

(b) The Federal Security Administrator shall appoint an Assistant

3 In the Appropriation Act of July 12, 1870, ch. 251, 16 Stat. 242, the Office of Education was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, P.L. 217, 71st Cong., 46 Stat. 261, which made appropriations for the Office of Education. Since that time all appropriations have been made to the Office of Education.

Federal Security Administrator, who shall receive a salary at the rate of $9,000 per annum, and he may also appoint such other personnel and make such expenditures as may be necessary.

(c) The Assistant Administrator shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in that office and shall perform such other duties as the Administrator shall direct.

(d) The several agencies and functions consolidated by this section into the Federal Security Agency shall carry with them their personnel. SECTION 202. Social Security Board. The Social Security Board and its functions shall be administered as a part of the Federal Security Agency under the direction and supervision of the Federal Security Administrator. The Chairman of the Social Security Board shall perform such administrative duties as the Federal Security Administrator shall direct.

SECTION 203. United States Employment Service. (a) The functions of the United States Employment Service shall be consolidated with the unemployment compensation functions of the Social Security Board and shall be administered in the Social Security Board in connection with such unemployment compensation functions under the direction and supervision of the Federal Security Administrator.

(b) The office of the Director of the United States Employment Service is hereby abolished, and all of the functions of such office are transferred to, and shall be exercised by, the Social Security Board.

(c) All functions of the Secretary of Labor relating to the administration of the United States Employment Service are hereby transferred to, and shall be exercised by, the Federal Security Administrator.

SECTION 204. Office of Education.-(a) The Office of Education and its functions shall be administered by the Commissioner of Education under the direction and supervision of the Federal Security Administrator.

(b) All functions of the Secretary of the Interior relating to the administration of the Office of Education are hereby transferred to, and shall be exercised by, the Federal Security Administrator.

SECTION 205. Public Health Service.-(a) The Public Health Service and its functions shall be administered by the Surgeon General of the Public Health Service under the direction and supervision of the Federal Security Administrator.

(b) All the functions of the Secretary of the Treasury relating to the administration of the Public Health Service, except those functions relating to the acceptance and investment of gifts as authorized by sections 23(b) and 137(e), title 42, U.S. Code, are hereby transferred to, and shall be exercised by, the Federal Security Administrator.

SECTION 206. National Youth Administration.-The National Youth Administration and its functions shall be administered by the National Youth Administrator under the direction and supervision of the Federal Security Administrator.

SECTION 207. Civilian Conservation Corps.-The Civilian Conservation Corps and its functions shall be administered by the Director of the Civilian Conservation Corps under the direction and supervision of the Federal Security Administrator.

SECTION 208. Transfer of Records and Property. All records and property (including office equipment) of the several agencies which, with their functions, are consolidated by section 201 into the Federal Security Agency has hereby transferred to the jurisdiction and control of the Federal Security Agency for use in the administration of the agencies and functions consolidated by that section.

SECTION 209. Transfer of Funds. So much of the unexpended balances of appropriations, allocations, or other funds (including those available for the fiscal year ending June 30, 1940) available for the use of any agency in the exercise of any functions transferred by this Part, or for the use of the head of any department or agency in the exercise of any functions so transferred, as the Director of the Bureau of the Budget shall determine, shall be transferred for use in connection with the exercise of the functions transferred by this Part. In determining the amount to be transferred the Director of the Bureau of the Budget may include an amount to provide for the liquidation of obligations incurred against such appropriations, allocations, or other funds prior to the transfer: Provided, That the use of the unexpended balances of appropriations, allocations, or other funds transferred by this section. shall be subject to the provisions of section 4 (d) (3) and section 9 of the Reorganization Act of 1939.

SECTION 210. Administrative Funds.-The Director of the Bureau of the Budget shall allocate to the Federal Security Agency, from appropriations, allocations, or other funds available (including those available for the fiscal year ending June 30, 1940) for the administrative expenses of the agencies and functions consolidated by this Part, such sums, and in such proportions, as he may find necessary for the administrative expenses of the Federal Security Agency.

SECTION 211. Personnel.-Any personnel transferred by this Part found to be in excess of the personnel necessary for the efficient administration of the functions transferred by this Part shall be re-transferred under existing law to other positions in the Government service, or separated from the service subject to the provisions of section 10 (a) of the Reorganization Act of 1939.

Reorganization Plan No. 1 of 1953

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 12, 1953, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949, as amended.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

SECTION 1. Creation of Department; Secretary.-There is hereby established an executive department, which shall be known as the Department of Health, Education, and Welfare (hereafter in this reorganization plan referred to as the Department). There shall be at the head of the Department a Secretary of Health, Education, and Welfare (hereafter in this reorganization plan referred to as the Secretary), who shall be appointed by the President by and with the advice and consent of the Senate, and who shall receive compensation at the rate now or hereafter prescribed by law for the heads of executive de