---
kind: "section"
citation: "20 U.S.C. § 3412"
title: "20"
title_heading: "Education"
number: "3412"
heading: "Principal officers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/3412"
units:
  - "Chapter 48 — Department of Education"
  - "Subchapter II — Establishment of the Department"
---

# §3412. Principal officers

- (a) **Deputy Secretary of Education—**
  - (1) There shall be in the [Department](/usc/20/3404.md?p=1) a [Deputy Secretary](/usc/20/3404.md?p=3) 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](/usc/20/3404.md?p=2), or in the event of a vacancy in the [office](/usc/20/3404.md?p=7) of the [Secretary](/usc/20/3404.md?p=2), the [Deputy Secretary](/usc/20/3404.md?p=3) shall act as [Secretary](/usc/20/3404.md?p=2). The [Secretary](/usc/20/3404.md?p=2) shall designate the order in which other officials of the [Department](/usc/20/3404.md?p=1) shall act for and perform the [functions](/usc/20/3404.md?p=4) of the [Secretary](/usc/20/3404.md?p=2) during the absence or disability of both the [Secretary](/usc/20/3404.md?p=2) and [Deputy Secretary](/usc/20/3404.md?p=3) or in the event of vacancies in both of those [offices](/usc/20/3404.md?p=7).
  - (2)
    - (A) The [Deputy Secretary](/usc/20/3404.md?p=3) shall have responsibility for the conduct of intergovernmental relations of the [Department](/usc/20/3404.md?p=1), including assuring (i) that the [Department](/usc/20/3404.md?p=1) carries out its [functions](/usc/20/3404.md?p=4) in a manner which supplements and complements the education policies, programs, and procedures of the [States](/usc/20/3404.md?p=5) and the local school systems and other instrumentalities of the [States](/usc/20/3404.md?p=5), and (ii) that appropriate officials of the [Department](/usc/20/3404.md?p=1) consult with individuals responsible for making policy relating to education in the [States](/usc/20/3404.md?p=5) and the local school systems and other instrumentalities of the [States](/usc/20/3404.md?p=5) concerning differences over education policies, programs, and procedures and concerning the impact of the rules and regulations of the [Department](/usc/20/3404.md?p=1) on the [States](/usc/20/3404.md?p=5) and the local school systems and other instrumentalities of the [States](/usc/20/3404.md?p=5).
    - (B) Local education authorities may inform the [Deputy Secretary](/usc/20/3404.md?p=3) of any rules or regulations of the [Department](/usc/20/3404.md?p=1) which are in conflict with another rule or regulation issued by any other Federal [department](/usc/20/3404.md?p=1) or agency or with any other [office](/usc/20/3404.md?p=7) of the [Department](/usc/20/3404.md?p=1). If the [Deputy Secretary](/usc/20/3404.md?p=3) determines, after consultation with the appropriate Federal [department](/usc/20/3404.md?p=1) or agency, that such a conflict does exist, the [Deputy Secretary](/usc/20/3404.md?p=3) shall report such conflict or conflicts to the appropriate Federal [department](/usc/20/3404.md?p=1) or agency together with recommendations for the correction of the conflict.
- (b) **Assistant Secretaries and General Counsel—**
  - (1) There shall be in the [Department](/usc/20/3404.md?p=1)—
    - (A) an Assistant [Secretary](/usc/20/3404.md?p=2) for Elementary and Secondary Education;
    - (B) an Assistant [Secretary](/usc/20/3404.md?p=2) for Postsecond­ary Education;
    - (C) an Assistant [Secretary](/usc/20/3404.md?p=2) for Career, Technical, and Adult Education;
    - (D) an Assistant [Secretary](/usc/20/3404.md?p=2) for Special Education and Rehabilitative Services;
    - (E) an Assistant [Secretary](/usc/20/3404.md?p=2) for Civil Rights; and
    - (F) a General Counsel.
  - (2) Each of the Assistant [Secretaries](/usc/20/3404.md?p=2) and the General Counsel shall be appointed by the President, by and with the advice and consent of the Senate.
  - (3) There shall be in the [Department](/usc/20/3404.md?p=1), a Special Assistant for Gender Equity who shall be appointed by the [Secretary](/usc/20/3404.md?p=2). The Special Assistant shall promote, coordinate, and evaluate gender equity programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special Assistant shall advise the [Secretary](/usc/20/3404.md?p=2) and [Deputy Secretary](/usc/20/3404.md?p=3) on all matters relating to gender equity.
  - (4) There shall be in the [Department](/usc/20/3404.md?p=1) a Director of the Institute of Education Sciences who shall be appointed in accordance with section 114(a) of the Education Sciences Reform Act of 2002 [[20 U.S.C. 9514(a)](/usc/20/9514.md?p=a)] and perform the duties described in that Act [[20 U.S.C. 9501](/usc/20/9501.md) et seq.].
- (c) **Inspector General—** There shall be in the [Department](/usc/20/3404.md?p=1) an Inspector General appointed in accordance with chapter 4 of title 5.
- (d) **Under Secretary of Education—** There may be in the [Department](/usc/20/3404.md?p=1) an Under [Secretary](/usc/20/3404.md?p=2) of Education who shall perform such [functions](/usc/20/3404.md?p=4) as the [Secretary](/usc/20/3404.md?p=2) may prescribe. The Under [Secretary](/usc/20/3404.md?p=2) shall be appointed by the President, by and with the advice and consent of the Senate.
- (e) **Additional officers—** There shall be in the [Department](/usc/20/3404.md?p=1) four additional officers who shall be appointed by the President, by and with the advice and consent of the Senate. Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant [Secretary](/usc/20/3404.md?p=2) for Management shall not be subject to the advice and consent of the Senate. The officers appointed under this subsection shall perform such [functions](/usc/20/3404.md?p=4) as the [Secretary](/usc/20/3404.md?p=2) shall prescribe, including—
  - (1) congressional relations [functions](/usc/20/3404.md?p=4);
  - (2) public information [functions](/usc/20/3404.md?p=4), including the provision, through the use of the latest technologies, of useful information about education and related opportunities to students, parents, and communities;
  - (3) [functions](/usc/20/3404.md?p=4) related to monitoring parental and public participation in programs where such participation is required by law, and encouraging the involvement of parents, students, and the public in the development and implementation of departmental programs;
  - (4) management and budget [functions](/usc/20/3404.md?p=4);
  - (5) planning, evaluation, and policy development [functions](/usc/20/3404.md?p=4), including development of policies to promote the efficient and coordinated administration of the [Department](/usc/20/3404.md?p=1) and its programs and to encourage improvements in education; and
  - (6) [functions](/usc/20/3404.md?p=4) related to encouraging and promoting the study of foreign languages and the study of cultures of other countries at the elementary, secondary, and postsecondary levels.
- (f) **Statements of functions of nominees—** Whenever the President submits the name of an individual to the Senate for confirmation as an officer of the [Department](/usc/20/3404.md?p=1) under this section, the President shall [state](/usc/20/3404.md?p=5) the particular [functions](/usc/20/3404.md?p=4) of the [Department](/usc/20/3404.md?p=1) such individual will exercise upon taking [office](/usc/20/3404.md?p=7).
- (g) **Supervision by Secretary—** Each officer of the [Department](/usc/20/3404.md?p=1) established under this section shall report directly to the [Secretary](/usc/20/3404.md?p=2) and shall, in addition to any [functions](/usc/20/3404.md?p=4) vested in or required to be delegated to such officer, perform such additional [functions](/usc/20/3404.md?p=4) as the [Secretary](/usc/20/3404.md?p=2) may prescribe.
- (h) **Coordination of literacy related functions by Assistant Secretary for Career, Technical, and Adult Education—** The Assistant [Secretary](/usc/20/3404.md?p=2) for Career, Technical, and Adult Education, in addition to performing such [functions](/usc/20/3404.md?p=4) as the [Secretary](/usc/20/3404.md?p=2) may prescribe, shall have responsibility for coordination of all literacy related programs and policy initiatives in the [Department](/usc/20/3404.md?p=1). The Assistant [Secretary](/usc/20/3404.md?p=2) for Career, Technical, and Adult Education shall assist in coordinating the related activities and programs of other Federal [departments](/usc/20/3404.md?p=1) and agencies.
- (i) **Liaison for Community and Junior Colleges—**
  - (1) There shall be in the [Department](/usc/20/3404.md?p=1) a Liaison for Community and Junior Colleges, who shall be an officer of the [Department](/usc/20/3404.md?p=1) appointed by the [Secretary](/usc/20/3404.md?p=2).
  - (2) The [Secretary](/usc/20/3404.md?p=2) shall appoint, not later than 6 months after July 23, 1992, as the Liaison for Community and Junior Colleges a person who—
    - (A) has attained an associate degree from a community or junior college; or
    - (B) has been employed in a community or junior college setting for not less than 5 years.
  - (3) The Liaison for Community and Junior Colleges shall—
    - (A) serve as principal advisor to the [Secretary](/usc/20/3404.md?p=2) on matters affecting community and junior colleges;
    - (B) provide guidance to programs within the [Department](/usc/20/3404.md?p=1) dealing with [functions](/usc/20/3404.md?p=4) affecting community and junior colleges; and
    - (C) work with the Federal Interagency Committee on Education to improve coordination of—
      - (i) the outreach programs in the numerous Federal [departments](/usc/20/3404.md?p=1) and agencies that administer education and job training programs;
      - (ii) collaborative business education partnerships; and
      - (iii) education programs located in, and regarding, rural areas.

## Source credit

(Pub. L. 96–88, title II, § 202, Oct. 17, 1979, 93 Stat. 671; Pub. L. 99–145, title XII, § 1204(a)(1), Nov. 8, 1985, 99 Stat. 720; Pub. L. 101–509, title V, § 529 [title I, § 112(a)(3)(B)], Nov. 5, 1990, 104 Stat. 1427, 1454; Pub. L. 102–73, title I, § 101, July 25, 1991, 105 Stat. 334; Pub. L. 102–103, title II, § 201, Aug. 17, 1991, 105 Stat. 498; Pub. L. 102–325, title XV, § 1553(a), July 23, 1992, 106 Stat. 838; Pub. L. 103–227, title IX, § 913, Mar. 31, 1994, 108 Stat. 223; Pub. L. 103–382, title II, § 271(b), Oct. 20, 1994, 108 Stat. 3929; Pub. L. 107–110, title X, § 1072(e)(2), Jan. 8, 2002, 115 Stat. 2089; Pub. L. 107–279, title IV, § 402(1), Nov. 5, 2002, 116 Stat. 1984; Pub. L. 112–166, § 2(d)(1), Aug. 10, 2012, 126 Stat. 1284; Pub. L. 113–76, div. H, title III, § 307(b), Jan. 17, 2014, 128 Stat. 399; Pub. L. 117–286, § 4(b)(40), Dec. 27, 2022, 136 Stat. 4348.)

## Notes

### Editorial Notes

### References in Text

The Education Sciences Reform Act of 2002, referred to in subsec. (b)(4), is title I of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1941, which is classified generally to subchapter I (§ 9501 et seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables.

### Amendments

2022—Subsec. (c). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978.”

2014—Subsec. (b)(1)(C). Pub. L. 113–76, § 307(b)(1), substituted “Assistant Secretary for Career, Technical, and Adult Education” for “Assistant Secretary for Vocational and Adult Education”.

Subsec. (h). Pub. L. 113–76, § 307(b)(2), substituted “Assistant Secretary for Career, Technical, and Adult Education” for “Assistant Secretary for Vocational and Adult Education” in two places.

2012—Subsec. (e). Pub. L. 112–166, in introductory provisions, inserted “Notwithstanding the previous sentence, the appointments of individuals to serve as the Assistant Secretary for Management shall not be subject to the advice and consent of the Senate.”

2002—Subsec. (b)(4). Pub. L. 107–279 added par. (4) and struck out former par. (4) which read as follows: “There shall be in the Department an Assistant Secretary for Educational Research and Improvement who shall be—

“(A) appointed by the President, by and with the consent of the Senate; and

“(B) selected (giving due consideration to recommendations from the National Educational Research Policy and Priorities Board) from among individuals who—

“(i) are distinguished educational researchers or practitioners;

“(ii) have proven management ability; and

“(iii) have substantial knowledge of education within the United States.”

Subsec. (b)(3), (4). Pub. L. 107–110 redesignated par. (3), relating to Assistant Secretary for Educational Research and Improvement, as (4).

1994—Subsec. (b)(1)(E) to (G). Pub. L. 103–227, § 913(1), redesignated subpars. (F) and (G) as (E) and (F), respectively, and struck out former subpar. (E) which read as follows: “an Assistant Secretary for Educational Research and Improvement;”.

Subsec. (b)(3). Pub. L. 103–382 added par. (3) relating to Special Assistant for Gender Equity.

Pub. L. 103–227, § 913(2), added par. (3) relating to Assistant Secretary for Educational Research and Improvement.

1992—Subsec. (i). Pub. L. 102–325 added subsec. (i).

1991—Subsecs. (d), (e). Pub. L. 102–103 added subsec. (d) and redesignated former subsec. (d) as (e).

Subsec. (h). Pub. L. 102–73 added subsec. (h).

1990—Subsec. (a). Pub. L. 101–509 substituted “a Deputy Secretary” for “an Under Secretary” in first sentence of par. (1) and “Deputy Secretary” for “Under Secretary” wherever appearing elsewhere in pars. (1) and (2).

1985—Subsec. (e). Pub. L. 99–145 struck out subsec. (e) which provided for presence in the Department of Education of an Administrator of Education for Overseas Dependents.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of this title.

### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.

### Effective Date of 1991 Amendment

Pub. L. 102–103, title II, § 203, Aug. 17, 1991, 105 Stat. 499, provided that: In General.—This Act [probably should be “this title”, meaning title II of Pub. L. 102–103, amending this section and section 5314 of Title 5, Government Organization and Employees] shall take effect on the first day of the first Department of Education pay period that begins on or after the date of enactment of this Act [Aug. 17, 1991]. Special Rule.—An incumbent in a position within the Department of Education on the day preceding the day that this Act takes effect who has been appointed by the President to a position within the Department of Education with the advice and consent of the Senate may serve as the Under Secretary at the pleasure of the President after the day preceding the day that this Act takes effect.”

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on first day of first pay period beginning on or after Nov. 5, 1990, with continued service by incumbent Under Secretary of Education, see section 529 [title I, § 112(e)] of Pub. L. 101–509, set out as a note under section 3404 of this title.