                   CHAPTER 48--DEPARTMENT OF EDUCATION
 
                SUBCHAPTER IV--ADMINISTRATIVE PROVISIONS
 
                Part B--General Administrative Provisions
 
Sec. 3473. Reorganization of Department


(a) Authorization; limitations

    The Secretary is authorized, subject to the requirements of section 
3412(f) of this title, to allocate or reallocate functions among the 
officers of the Department, and to establish, consolidate, alter, or 
discontinue such organizational entities within the Department as may be 
necessary or appropriate, but the authority of the Secretary under this 
subsection does not extend to--
        (1) any office, bureau, unit, or other entity transferred to the 
    Department and established by statute or any function vested by 
    statute in such an entity or officer of such an entity, except as 
    provided in subsection (b) of this section;
        (2) the abolition of organizational entities established by this 
    chapter; or
        (3) the alteration of the delegation of functions to any 
    specific organizational entity required by this chapter.

(b) Alteration, consolidation, or discontinuance of statutory and 
        organizational entities

    (1) The Secretary may, in accordance with paragraph (2) of this 
subsection, consolidate, alter, or discontinue any of the following 
statutory entities, or reallocate any functions vested by statute in the 
following statutory entities:
        (A) the Office of Bilingual Education;
        (B) the Teacher Corps;
        (C) the Community College Unit;
        (D) the National Center for Education Statistics;
        (E) the National Institute of Education;
        (F) the Office of Environmental Education;
        (G) the Office of Consumers' Education;
        (H) the Office of Indian Education;
        (I) the Office of Career Education;
        (J) the Office of Non-Public Education;
        (K) the bureau for the education and training for the 
    handicapped; and
        (L) the administrative units for guidance and counseling 
    programs, the veterans' cost of instruction program, and the program 
    for the gifted and talented children.

    (2) The Secretary may alter, consolidate, or discontinue any 
organizational entity continued within the Department and described in 
paragraph (1) of this subsection or reallocate any function vested by 
statute in such an entity, upon the expiration of a period of ninety 
days after the receipt by the Committee on Labor and Human Resources of 
the Senate and the Committee on Education and Labor of the House of 
Representatives of notice given by the Secretary containing a full and 
complete statement of the action proposed to be taken pursuant to this 
subsection and the facts and circumstances relied upon in support of 
such proposed action.

(Pub. L. 96-88, title IV, Sec. 413, Oct. 17, 1979, 93 Stat. 684; Pub. L. 
96-496, title II, Sec. 202, Dec. 4, 1980, 94 Stat. 2593; Pub. L. 104-
208, div. A, title I, Sec. 101(e) [title VII, Sec. 709(c)], Sept. 30, 
1996, 110 Stat. 3009-233, 3009-313.)


                               Amendments

    1996--Subsec. (b)(1)(H) to (M). Pub. L. 104-208 redesignated 
subpars. (I) to (M) as (H) to (L), respectively, and struck out former 
subpar. (H) which authorized Secretary to consolidate, alter, 
discontinue, or reallocate any functions vested by statute in Office of 
Libraries and Learning Resources.
    1980--Subsec. (b)(1). Pub. L. 96-496 redesignated subpar. (N) as (M) 
and struck out former subpar. (M), which authorized the Secretary to 
reallocate the functions or to alter or discontinue the Institute of 
Museum Services.

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.

                     National Institute of Education

    The National Institute of Education was established by section 1221e 
of this title which as amended generally by Pub. L. 99-498, title XIV, 
Sec. 1401(a), Oct. 17, 1986, 100 Stat. 1589, provided objectives and 
duties for the Office of Educational Research and Improvement and 
established the National Advisory Council on Educational Research and 
Improvement, and section 1401(b) of Pub. L. 99-498 transferred the 
property and records of the National Institute of Education to the 
Office of Educational Research and Improvement.


                       Office of Migrant Education

    Pub. L. 98-511, title VII, Sec. 701(b), Oct. 19, 1984, 98 Stat. 
2405, provided that: ``For the purposes of section 413(a) of the 
Department of Education Organization Act (20 U.S.C. 3473), the Office of 
Migrant Education shall be considered to be an organizational entity 
established by such Act [20 U.S.C. 3401 et seq.] and shall not be 
subject to the reorganizational authority of the Secretary of Education 
under that section or any other provision of law.''
