PUBLIC LAW 96-88—OCT. 17, 1979
93 STAT. 671
tration, or personnel of any educational institution, school, or school system, over any accrediting agency or association, or over the selection or content of library resources, textbooks, or other instructional materials by any educational institution or school system, except to the extent authorized by law. (c) The Secretary shall not, during the period within eight months after the effective date of this Act, take any action to withhold, suspend, or terminate funds under any program transferred by this Act by reason of the failure of any State to comply with any applicable law requiring the administration of such a program through a single organizational unit. DEFINITIONS
SEC. 104. As used in this Act, unless otherwise provided or indicated 20 USC 3404. by the context— (1) the term "Department" means the Department of Education or any component thereof; (2) the term "Secretary" means the Secretary of Education; (3) the term "Under Secretary" means the Under Secretary of Education; (4) the term "function" includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; (5) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islgmds, and the Trust Territory of the Pacific Islands; (6) the terms "private" and "private educational" refer to independent, nonpublic, and private institutions of elementary, secondary, and postsecondary education; and (7) the term "office" includes any office, institute, council, unit, organizational entity, or component thereof. TITLE II—ESTABLISHMENT OF THE DEPARTMENT ESTABLISHMENT
SEC. 201. There is established an executive department to be known 20 USC 3411. as the Department of Education. The Department shall be administered, in accordance with the provisions of this Act, under the supervision and direction of a Secretary of Education. The Secretary Secretary of shall be appointed by the President, by and with the advice and fT"^-^*f°"'., ,
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appointment and
consent of the Senate.
confirmation. PRINCIPAL OFFICERS
SEC. 202. (a)(1) There shall be in the Department an Under Secretary of Education who shall be appointed by the President, by and with the advice and consent of the Senate. During the absence or disability of the Secretary, or in the event of a vacancy in the office of the Secretary, the Under Secretary shall act as Secretary. The Secretary shall designate the order in which other officials of the Department shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Under Secretary or in the event of vacancies in both of those offices. (2)(A) The Under Secretary shall have responsibility for the conduct of intergovernmental relations of the Department, including assuring (i) that the Department carries out its functions in a manner which supplements and complements the education policies, pro-
Under a ointment and confirmation.^" 20 USC 3412.
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