20 U.S.C. § 9513 — Delegation

Page 1705 TITLE 20—EDUCATION § 9513 set out as notes under sections 1221e and 9001 of this title], and by the amendments made by this Act, from those established or authorized by the Educational Re- search, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C. 6001 et seq.) and the National Edu- cation Statistics Act of 1994 (20 U.S.C. 9001 et seq.).’’ PART A—THE INSTITUTE OF EDUCATION SCIENCES § 9511. Establishment (a) Establishment There shall be in the Department the Institute of Education Sciences, to be administered by a Director (as described in section 9514 of this title) and, to the extent set forth in section 9516 of this title, a board of directors. (b) Mission (1) In general The mission of the Institute is to provide na- tional leadership in expanding fundamental knowledge and understanding of education from early childhood through postsecondary study, in order to provide parents, educators, students, researchers, policymakers, and the general public with reliable information about— (A) the condition and progress of edu- cation in the United States, including early childhood education and special education; (B) educational practices that support learning and improve academic achievement and access to educational opportunities for all students; and (C) the effectiveness of Federal and other education programs. (2) Carrying out mission In carrying out the mission described in paragraph (1), the Institute shall compile sta- tistics, develop products, and conduct re- search, evaluations, and wide dissemination activities in areas of demonstrated national need (including in technology areas) that are supported by Federal funds appropriated to the Institute and ensure that such activities— (A) conform to high standards of quality, integrity, and accuracy; and (B) are objective, secular, neutral, and nonideological and are free of partisan polit- ical influence and racial, cultural, gender, or regional bias. (c) Organization The Institute shall consist of the following: (1) The Office of the Director (as described in section 9514 of this title). (2) The National Board for Education Sciences (as described in section 9516 of this title). (3) The National Education Centers, which include— (A) the National Center for Education Re- search (as described in part B); (B) the National Center for Education Sta- tistics (as described in part C); (C) the National Center for Education Evaluation and Regional Assistance (as de- scribed in part D); and (D) the National Center for Special Edu- cation Research (as described in part E). (Pub. L. 107–279, title I, § 111, Nov. 5, 2002, 116 Stat. 1944; Pub. L. 108–446, title II, § 201(b)(2)(A), (B), Dec. 3, 2004, 118 Stat. 2802.) Editorial Notes AMENDMENTS 2004—Subsec. (b)(1)(A). Pub. L. 108–446, § 201(b)(2)(A), inserted ‘‘and special education’’ after ‘‘early childhood education’’. Subsec. (c)(3)(D). Pub. L. 108–446, § 201(b)(2)(B), added subpar. (D). § 9512. Functions From funds appropriated under section 9584 of this title, the Institute, directly or through grants, contracts, or cooperative agreements, shall— (1) conduct and support scientifically valid research activities, including basic research and applied research, statistics activities, sci- entifically valid education evaluation, devel- opment, and wide dissemination; (2) widely disseminate the findings and re- sults of scientifically valid research in edu- cation; (3) promote the use, development, and appli- cation of knowledge gained from scientifically valid research activities; (4) strengthen the national capacity to con- duct, develop, and widely disseminate scientif- ically valid research in education; (5) promote the coordination, development, and dissemination of scientifically valid re- search in education within the Department and the Federal Government; and (6) promote the use and application of re- search and development to improve practice in the classroom. (Pub. L. 107–279, title I, § 112, Nov. 5, 2002, 116 Stat. 1945.) § 9513. Delegation (a) Delegation of authority Notwithstanding section 3472 of this title, the Secretary shall delegate to the Director all functions for carrying out this subchapter (other than administrative and support functions), ex- cept that— (1) nothing in this subchapter or in sub- chapter III of this chapter (except section 9621(e)(1)(J) of this title) shall be construed to alter or diminish the role, responsibilities, or authority of the National Assessment Gov- erning Board with respect to the National As- sessment of Educational Progress (including with respect to the methodologies of the Na- tional Assessment of Educational Progress de- scribed in section 9621(e)(1)(E) of this title) from those authorized by the National Edu- cation Statistics Act of 1994 (20 U.S.C. 9001 et seq.) on the day before November 5, 2002; (2) members of the National Assessment Governing Board shall continue to be ap- pointed by the Secretary; (3) section 9621(f)(1) of this title shall apply to the National Assessment Governing Board in the exercise of its responsibilities under this Act; (4) sections 9515 and 9516 of this title shall not apply to the National Assessment of Edu- cational Progress; and Page 1706 TITLE 20—EDUCATION § 9514 (5) sections 9515 and 9516 of this title shall not apply to the National Assessment Gov- erning Board. (b) Other activities The Secretary may assign the Institute re- sponsibility for administering other activities, if those activities are consistent with— (1) the Institute’s priorities, as approved by the National Board for Education Sciences under section 9516 of this title, and the Insti- tute’s mission, as described in section 9511(b) of this title; or (2) the Institute’s mission, but only if those activities do not divert the Institute from its priorities. (Pub. L. 107–279, title I, § 113, Nov. 5, 2002, 116 Stat. 1945.) Editorial Notes REFERENCES IN TEXT The National Education Statistics Act of 1994, re- ferred to in subsec. (a)(1), is title IV of Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 4029, which was classified gen- erally to chapter 71 (§ 9001 et seq.) of this title, prior to repeal by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985. Provisions relating to education statis- tics are now contained in part C (§ 9541 et seq.) of this subchapter. This Act, referred to in subsec. (a)(3), means Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and section 3419 of this title, amended sections 1232j, 3412, 3461, 6194, 6311, 6312, 7013, 7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 and former sections 6317, 6491, 6932, 7253c, 7283b, and 7283d of this title and section 5315 of Title 5, Government Organization and Employ- ees, transferred sections 9010 and 9011 of this title to sections 9621 and 9622 of this title, respectively, re- pealed sections 3419, 6011, 6021, 6031, 6041, 6051, 6053 to 6053e, 6054 to 6054b, 6055 to 6055h, 6056, 6056a, 9001 to 9009, and 9012 of this title, enacted provisions set out as notes under section 7703 and 9501 of this title, and re- pealed provisions set out as notes under sections 1221e and 9001 of this title. For complete classification of this Act to the Code, see Tables. § 9514. 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 In- stitute. (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 con- sent of the Senate, may appoint the Assistant Secretary for the Office of Educational Re- search and Improvement (as such office ex- isted 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 ca- pacity 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, in- cluding the activities of the National Edu- cation Centers; and (2) coordinate and approve budgets and oper- ating 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. (2) To ensure the methodology applied in conducting research, development, evaluation, and statistical analysis is consistent with the standards for such activities under this sub- chapter. (3) To coordinate education research and re- lated 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 ac- tivities of the Institute, consistent with sec- tion 9516(b)(3) of this title. (6) To ensure that all participants in re- search conducted or supported by the Institute are afforded their privacy rights and other rel- evant protections as research subjects, in ac- cordance with section 9573 of this title, section 552a of title 5, and sections 1232g and 1232h of this title. (7) To ensure that activities conducted or supported by the Institute are objective, sec- ular, neutral, and nonideological and are free of partisan political influence and racial, cul- tural, gender, or regional bias. (8) To undertake initiatives and programs to increase the participation of researchers and institutions that have been historically under- utilized in Federal education research activi- ties of the Institute, including historically Black colleges or universities or other institu- tions of higher education with large numbers of minority students. (9) To coordinate with the Secretary to pro- mote and provide for the coordination of re- search and development activities and tech- nical assistance activities between the Insti- tute and comprehensive centers. (10) To solicit and consider the recommenda- tions of education stakeholders, in order to ensure that there is broad and regular public and professional input from the educational