1. U.S. Code
  2. title 20
  3. chapter 48
  4. subchapter V
  5. § 3506

Collapse to view only § 3506. Separability

§ 3501. Transfer and allocation of appropriations and personnel
(a) Personnel and appropriations in connection with functions and offices transferred by this chapter; use of unexpended funds
(b) Positions specified to carry out functions or offices transferred by this chapter
(Pub. L. 96–88, title V, § 501, Oct. 17, 1979, 93 Stat. 689.)

CITE AS: 20 USC 3501

§ 3502. Effect on personnel
(a) Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
(b) Positions compensated in accordance with Executive Schedule
(Pub. L. 96–88, title V, § 502, Oct. 17, 1979, 93 Stat. 690.)

CITE AS: 20 USC 3502

§ 3503. Agency terminations
(a) Specific terminations
On May 4, 1980, the following entities shall terminate:
(A) the Education Division of the Department of Health, Education, and Welfare, including the Office of Education;
(B) the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare;
(C) the Bureau of Occupational and Adult Education of the Department of Health, Education, and Welfare.
(b) Positions authorized to be compensated at rate prescribed for level IV or V of the Executive Schedule
(Pub. L. 96–88, title V, § 503, Oct. 17, 1979, 93 Stat. 690; Pub. L. 99–145, title XII, § 1204(a)(3), Nov. 8, 1985, 99 Stat. 720.)

CITE AS: 20 USC 3503

§ 3504. Incidental transfers
(a) Authorization of Director of Office of Management and Budget; termination of affairs
(b) Transfer of positions within Senior Executive Service
(Pub. L. 96–88, title V, § 504, Oct. 17, 1979, 93 Stat. 690.)

CITE AS: 20 USC 3504

§ 3505. Savings provisions
(a) Orders, determinations, etc.
All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges—
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this chapter to the Secretary or the Department, and
(2) which are in effect on May 4, 1980,
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law.
(b) Proceedings and applications; transfer
(1) The provisions of this chapter shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on May 4, 1980, before any department, agency, commission, or component thereof, functions of which are transferred by this chapter; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted.
(2) The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under paragraph (1) to the Department.
(c) Actions
Except as provided in subsection (e)—
(1) the provisions of this chapter shall not affect suits commenced prior to May 4, 1980, and
(2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted.
(d) Liabilities incurred
(e) Parties
(f) Review
(Pub. L. 96–88, title V, § 505, Oct. 17, 1979, 93 Stat. 691.)

CITE AS: 20 USC 3505

§ 3506. Separability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

(Pub. L. 96–88, title V, § 506, Oct. 17, 1979, 93 Stat. 692.)

CITE AS: 20 USC 3506

§ 3507. Existing references to transferor officials or bodies deemed references to transferee officials or bodies

With respect to any function transferred by this chapter and exercised on or after May 4, 1980, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, other official, or component of the Department to which this chapter transfers such functions.

(Pub. L. 96–88, title V, § 507, Oct. 17, 1979, 93 Stat. 692.)

CITE AS: 20 USC 3507

§ 3508. Department of Health and Human Services
(a) Redesignation of Department of Health, Education, and Welfare
(b) Reference to Department, Secretary, etc., of Health, Education, and Welfare deemed reference to Department, Secretary, etc., of Health and Human Services
(Pub. L. 96–88, title V, § 509, Oct. 17, 1979, 93 Stat. 695; Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, § 2(b)(2), Dec. 15, 2003, 117 Stat. 2640.)

CITE AS: 20 USC 3508

§ 3509. Coordination of programs for handicapped

The Secretary of Health and Human Services shall identify, assess, coordinate, and eliminate conflict, duplication, and inconsistencies among programs significantly affecting handicapped individuals carried out by or under the Department of Health and Human Services, shall promote efficiency among such programs, and shall seek to coordinate, to the maximum extent feasible, such programs with programs significantly affecting handicapped individuals carried out by or under the Department of Education.

(Pub. L. 96–88, title V, § 510, Oct. 17, 1979, 93 Stat. 695.)

CITE AS: 20 USC 3509

§ 3510. Transitional provisions

With the consent of the appropriate department or agency head concerned, the Secretary is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions or offices have been transferred to the Secretary or the Department, and funds appropriated to such functions or offices for such period of time as may reasonably be needed to facilitate the orderly implementation of this chapter.

(Pub. L. 96–88, title V, § 511, Oct. 17, 1979, 93 Stat. 695.)

CITE AS: 20 USC 3510