§1221e–3. General authority of Secretary

The Secretary, in order to carry out functions otherwise vested in the Secretary by law or by delegation of authority pursuant to law, and subject to limitations as may be otherwise imposed by law, is authorized to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of, and governing the applicable programs administered by, the Department.

(Pub. L. 90–247, title IV, §410, formerly §408, as added Pub. L. 93–380, title V, §502(a)(1), Aug. 21, 1974, 88 Stat. 559 ; amended Pub. L. 95–561, title XII, §§1243(b), 1244, Nov. 1, 1978, 92 Stat. 2353 ; renumbered §410 and amended Pub. L. 103–382, title II, §§212(b)(1), 222, Oct. 20, 1994, 108 Stat. 3913 , 3914.)

Editorial Notes

Amendments

1994-Pub. L. 103–382, §222, amended section generally, substituting single par. relating to general authority of Secretary for former subsecs. (a) to (d) relating to general authority of administrative heads of education agencies.

1978-Subsec. (a). Pub. L. 95–561, §1243(b), inserted "or by delegation of authority pursuant to law" after "vested in him by law" in provisions preceding par. (1) and, in par. (1), inserted ", and governing the applicable programs administered by" after "the manner of operation of".

Subsecs. (b) to (d). Pub. L. 95–561, §1244, added subsec. (b), redesignated former subsecs. (b) and (c) as (c) and (d), and in subsec. (d) as so redesignated substituted "For the purposes of this chapter" for "For the purposes of this section".

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Pub. L. 95–561, title XV, §1530, Nov. 1, 1978, 92 Stat. 2380 , as amended by Pub. L. 96–46, §2(a)(10), Aug. 6, 1979, 93 Stat. 340 , provided that:

"(a) Except as otherwise specifically provided in this Act, the provisions of this Act and the amendments and repeals made by this Act [see Tables for classification] shall take effect October 1, 1978.

"(b) The provisions of section 412(b)(2) [now 421(b)(2)] of the General Education Provisions Act [section 1225(b)(2) of this title], as added by section 1245 of this Act, shall not take effect with respect to the use of funds under section 421 of the Elementary and Secondary Education Act of 1965 [former section 3101 of this title] until October 1, 1980, except at the option of local educational agencies."

Effective Date

Pub. L. 93–380, title V, §502(b), Aug. 21, 1974, 88 Stat. 560 , provided that: "The amendments made by this section [enacting this section and section 1221e–2 and amending sections 1221b and 1221e of this title] shall be effective on the tenth day after the date of enactment of this Act [Aug. 21, 1974]."