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20 U.S.C. § 9515 — Office of the Director

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 9515 — Office of the Director

**(a) Appointment** Except as provided in subsection (b)(2), the President, by and with the advice and consent of the Senate, shall appoint the Director of the Institute. **(b) Term** (1) **In general** — The Director shall serve for a term of 6 years, beginning on the date of appointment of the Director. (2) **First Director** — The President, without the advice and consent of the Senate, may appoint the Assistant Secretary for the Office of Educational Research and Improvement (as such office existed on the day before November 5, 2002) to serve as the first Director of the Institute. (3) **Subsequent Directors** — The Board may make recommendations to the President with respect to the appointment of a Director under subsection (a), other than a Director appointed under paragraph (2). **(c) Pay** The Director shall receive the rate of basic pay for level II of the Executive Schedule. **(d) Qualifications** The Director shall be selected from individuals who are highly qualified authorities in the fields of scientifically valid research, statistics, or evaluation in education, as well as management within such areas, and have a demonstrated capacity for sustained productivity and leadership in these areas. **(e) Administration** The Director shall— (1) administer, oversee, and coordinate the activities carried out under the Institute, including the activities of the National Education Centers; and (2) coordinate and approve budgets and operating plans for each of the National Education Centers for submission to the Secretary. **(f) Duties** The duties of the Director shall include the following: (1) To propose to the Board priorities for the Institute, in accordance with [section 9515(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre

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Stable record: federal_law:legal_authorities:record_usc_b20cf7b2bd7611a6ed325b68
Source file: Laws/federal/codes/united-states-code/title-20/section-9515-office-of-the-director--a2d71cddce.md
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Passage SHA-256: 64f9e23e0c5c84d7262028ea38726246150339bc65e44dbe5608f2234c0dce94

Source location: Title 20, Chapter 76, § 9515; chapter-076-education-research-statistics-evaluation-information-and-dissemination.md

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**(a) Appointment** Except as provided in subsection (b)(2), the President, by and with the advice and consent of the Senate, shall appoint the Director of the Institute. **(b) Term** (1) **In general** — The Director shall serve for a term of 6 years, beginning on the date of appointment of the Director. (2) **First Director** — The President, without the advice and consent of the Senate, may appoint the Assistant Secretary for the Office of Educational Research and Improvement (as such office existed on the day before November 5, 2002) to serve as the first Director of the Institute. (3) **Subsequent Directors** — The Board may make recommendations to the President with respect to the appointment of a Director under subsection (a), other than a Director appointed under paragraph (2). **(c) Pay** The Director shall receive the rate of basic pay for level II of the Executive Schedule. **(d) Qualifications** The Director shall be selected from individuals who are highly qualified authorities in the fields of scientifically valid research, statistics, or evaluation in education, as well as management within such areas, and have a demonstrated capacity for sustained productivity and leadership in these areas. **(e) Administration** The Director shall— (1) administer, oversee, and coordinate the activities carried out under the Institute, including the activities of the National Education Centers; and (2) coordinate and approve budgets and operating plans for each of the National Education Centers for submission to the Secretary. **(f) Duties** The duties of the Director shall include the following: (1) To propose to the Board priorities for the Institute, in accordance with [section 9515(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9515/a&num=0&edition=prelim). (2) To ensure the methodology applied in conducting research, development, evaluation, and statistical analysis is consistent with the standards for such activities under this subchapter. (3) To coordinate education research and related activities carried out by the Institute with such research and activities carried out by other agencies within the Department and the Federal Government. (4) To advise the Secretary on research, evaluation, and statistics activities relevant to the activities of the Department. (5) To establish necessary procedures for technical and scientific peer review of the activities of the Institute, consistent with [section 9516(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9516/b/3&num=0&edition=prelim). (6) To ensure that all participants in research conducted or supported by the Institute are afforded their privacy rights and other relevant protections as research subjects, in accordance with [section 9573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9573&num=0&edition=prelim), [section 552a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), and sections 1232g and 1232h of this title. (7) To ensure that activities conducted or supported by the Institute are objective, secular, neutral, and nonideological and are free of partisan political influence and racial, cultural, gender, or regional bias. (8) To undertake initiatives and programs to increase the participation of researchers and institutions that have been historically underutilized in Federal education research activities of the Institute, including historically Black colleges or universities or other institutions of higher education with large numbers of minority students. (9) To coordinate with the Secretary to promote and provide for the coordination of research and development activities and technical assistance activities between the Institute and comprehensive centers. (10) To solicit and consider the recommendations of education stakeholders, in order to ensure that there is broad and regular public and professional input from the educational field in the planning and carrying out of the Institute’s activities. (11) To coordinate the wide dissemination of information on scientifically valid research. (12) To carry out and support other activities consistent with the priorities and mission of the Institute. **(g) Expert guidance and assistance** The Director may establish technical and scientific peer-review groups and scientific program advisory committees for research and evaluations that the Director determines are necessary to carry out the requirements of this subchapter. The Director shall appoint such personnel, except that officers and employees of the United States shall comprise no more than ¼ of the members of any such group or committee and shall not receive additional compensation for their service as members of such a group or committee. The Director shall ensure that reviewers are highly qualified and capable to appraise education research and development projects. Chapter 10 of title 5 shall not apply to a peer-review group or an advisory committee established under this subsection. **(h) Review** The Director may, when requested by other officers of the Department, and shall, when directed by the Secretary, review the products and publications of other offices of the Department to certify that evidence-based claims about those products and publications are scientifically valid.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 9573 — Prohibitions

**(a) National database** Nothing in this subchapter may be construed to authorize the establishment of a nationwide database of individually identifiable information on individuals involved in studies or other collections of data under this subchapter. **(b) Federal Government and use of Federal funds** Nothing in this subchapter may be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control the curriculum, program of instruction, or allocation of State or local resources of a State, local educational agency, or school, or to mandate a State, or any subdivision thereof, to spend any funds or incur any costs not provided for under this subchapter. **(c) Endorsement of curriculum** Notwithstanding any other provision of Federal law, no funds provided under this subchapter to the Institute, including any office, board, committee, or center of the Institute, may be used by the Institute to endorse, approve, or sanction any curriculum designed to be used in an elementary school or secondary school. **(d) Federally sponsored testing** (1) **In general** — Subject to paragraph (2), no funds provided under this subchapter to the Secretary or to the recipient of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. (2) **Exceptions** — Subsection (a) shall not apply to international comparative assessments developed under the authority of [section 9543(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9543/a/6&num=0&edition=prelim) or [section 9003(a)(6) of this title](https://uscode.house.gov/view.xhtml

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9573

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 9517 — National Board for Education Sciences

**(a) Establishment** The Institute shall have a board of directors, which shall be known as the National Board for Education Sciences. **(b) Duties** The duties of the Board shall be the following: (1) To advise and consult with the Director on the policies of the Institute. (2) To consider and approve priorities proposed by the Director under [section 9515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9515&num=0&edition=prelim) to guide the work of the Institute. (3) To review and approve procedures for technical and scientific peer review of the activities of the Institute. (4) To advise the Director on the establishment of activities to be supported by the Institute, including the general areas of research to be carried out by the National Center for Education Research. (5) To present to the Director such recommendations as it may find appropriate for— (A) the strengthening of education research; and (B) the funding of the Institute. (6) To advise the Director on the funding of applications for grants, contracts, and cooperative agreements for research, after the completion of peer review. (7) To review and regularly evaluate the work of the Institute, to ensure that scientifically valid research, development, evaluation, and statistical analysis are consistent with the standards for such activities under this subchapter. (8) To advise the Director on ensuring that activities conducted or supported by the Institute are objective, secular, neutral, and nonideological and are free of partisan political influence and racial, cultural, gender, or regional bias. (9) To solicit advice and information from those in the educational field, particularly practitioners and researchers, to recommend to the Director top

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9517

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 9515 — Priorities

Page 1707 TITLE 20—EDUCATION § 9515 field in the planning and carrying out of the Institute’s activities. (11) To coordinate the wide dissemination of information on scientifically valid research. (12) To carry out and support other activi- ties consistent with the priorities and mission of the Institute. (g) Expert guidance and assistance The Director may establish technical and sci- entific peer-review groups and scientific pro- gram advisory committees for research and evaluations that the Director determines are necessary to carry out the requirements of this subchapter. The Director shall appoint such per- sonnel, except that officers and employees of the United States shall comprise no more than 1⁄4 of the members of any such group or committee and shall not receive additional compensation for their service as members of such a group or committee. The Director shall ensure that re- viewers are highly qualified and capable to ap- praise education research and development projects. Chapter 10 of title 5 shall not apply to a peer-review group or an advisory committee established under this subsection. (h) Review The Director may, when requested by other of- ficers of the Department, and shall, when di- rected by the Secretary, review the products and publications of other offices of the Department to certify that evidence-based claims about those products and publications are scientif- ically valid. (Pub. L. 107–279, title I, § 114, Nov. 5, 2002, 116 Stat. 1946; Pub. L. 117–286, § 4(a)(153), Dec. 27, 2022, 136 Stat. 4322.) Editorial Notes REFERENCES IN TEXT Level II of the Executive Schedule, referred to in sub- sec. (c), is set out in section 5313 of Title 5, Government Organization and Employees. AMENDMENTS 2022—Subsec. (g). Pub. L. 1

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 9515

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