20 U.S.C. § 9517 — Commissioners of the National Education

Page 1710 TITLE 20—EDUCATION § 9517 sion, especially as such priorities and mission relate to carrying out scientifically valid re- search, conducting unbiased evaluations, col- lecting and reporting accurate education statis- tics, and translating research into practice. (f) Recommendations The Board shall submit to the Director, the Secretary, and the appropriate congressional committees a report that includes any rec- ommendations regarding any actions that may be taken to enhance the ability of the Institute to carry out its priorities and mission. The Board shall submit an interim report not later than 3 years after November 5, 2002, and a final report not later than 5 years after such date. (Pub. L. 107–279, title I, § 116, Nov. 5, 2002, 116 Stat. 1948; Pub. L. 108–446, title II, §§ 201(b)(2)(D), 202, Dec. 3, 2004, 118 Stat. 2802; Pub. L. 110–154, § 1(d), Dec. 21, 2007, 121 Stat. 1828; Pub. L. 112–166, § 2(cc), Aug. 10, 2012, 126 Stat. 1290; Pub. L. 117–286, § 4(c)(28), Dec. 27, 2022, 136 Stat. 4357.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c)(8)(C), 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. AMENDMENTS 2022—Subsec. (c)(4)(D). Pub. L. 117–286 substituted ‘‘chapter 131 of title 5.’’ for ‘‘the Ethics in Government Act of 1978.’’ 2012—Subsec. (c)(1). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate’’ before period at end. 2004—Subsec. (c)(4)(A)(ii). Pub. L. 108–446, § 201(b)(2)(D), inserted ‘‘special education experts,’’ after ‘‘early childhood experts,’’. Subsec. (c)(9). Pub. L. 108–446, § 202, substituted ‘‘Meetings of the Board are subject to section 552b of title 5 (commonly referred to as the Government in the Sunshine Act).’’ for ‘‘Meetings of the Board shall be open to the public.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Eunice Kennedy Shriver National Institute of Child Health and Human Development’’ substituted for ‘‘Na- tional Institute of Child Health and Human Develop- ment’’ in subsec. (c)(3)(C), on authority of section 1(d) of Pub. L. 110–154, set out as a note under section 285g of Title 42, The Public Health and Welfare. 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. § 9517. Commissioners of the National Education Centers (a) Appointment of Commissioners (1) In general Except as provided in subsection (b), each of the National Education Centers shall be head- ed by a Commissioner appointed by the Direc- tor. In appointing Commissioners, the Direc- tor shall seek to promote continuity in leader- ship of the National Education Centers and shall consider individuals recommended by the Board. The Director may appoint a Commis- sioner to carry out the functions of a National Education Center without regard to the provi- sions of title 5 governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and Gen- eral Schedule pay rates. (2) Pay and qualifications Except as provided in subsection (b), each Commissioner shall— (A) receive the rate of basic pay for level IV of the Executive Schedule; and (B) be highly qualified in the field of edu- cation research or evaluation. (3) Service Except as provided in subsection (b), each Commissioner shall report to the Director. A Commissioner shall serve for a period of not more than 6 years, except that a Commis- sioner— (A) may be reappointed by the Director; and (B) may serve after the expiration of that Commissioner’s term, until a successor has been appointed, for a period not to exceed 1 additional year. (b) Appointment of Commissioner for Education Statistics The National Center for Education Statistics shall be headed by a Commissioner for Edu- cation Statistics who shall be appointed by the President and who shall— (1) have substantial knowledge of programs assisted by the National Center for Education Statistics; (2) receive the rate of basic pay for level IV of the Executive Schedule; and (3) serve for a term of 6 years, with the term to expire every sixth June 21, beginning in 2003. (c) Coordination Each Commissioner of a National Education Center shall coordinate with each of the other Commissioners of the National Education Cen- ters in carrying out such Commissioner’s duties under this subchapter. (d) Supervision and approval Each Commissioner, except the Commissioner for Education Statistics, shall carry out such Commissioner’s duties under this subchapter under the supervision and subject to the ap- proval of the Director. (Pub. L. 107–279, title I, § 117, Nov. 5, 2002, 116 Stat. 1952; Pub. L. 112–166, § 2(d)(2), Aug. 10, 2012, 126 Stat. 1284.) Page 1711 TITLE 20—EDUCATION § 9532 Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsecs. (a)(2)(A) and (b)(2), is set out in section 5315 of Title 5, Government Organization and Employees. AMENDMENTS 2012—Subsec. (b). Pub. L. 112–166 struck out ‘‘, by and with the advice and consent of the Senate,’’ after ‘‘President’’ in introductory provisions. 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. § 9518. Agreements The Institute may carry out research projects of common interest with entities such as the National Science Foundation and the Eunice Kennedy Shriver National Institute of Child Health and Human Development through agree- ments with such entities that are in accordance with section 1231 of this title. (Pub. L. 107–279, title I, § 118, Nov. 5, 2002, 116 Stat. 1953; Pub. L. 110–154, § 1(d), Dec. 21, 2007, 121 Stat. 1828.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Eunice Kennedy Shriver National Institute of Child Health and Human Development’’ substituted for ‘‘Na- tional Institute of Child Health and Human Develop- ment’’ in text, on authority of section 1(d) of Pub. L. 110–154, set out as a note under section 285g of Title 42, The Public Health and Welfare. § 9519. Biennial report The Director shall, on a biennial basis, trans- mit to the President, the Board, and the appro- priate congressional committees, and make widely available to the public (including by means of the Internet), a report containing the following: (1) A description of the activities carried out by and through the National Education Cen- ters during the prior fiscal years. (2) A summary of each grant, contract, and cooperative agreement in excess of $100,000 funded through the National Education Cen- ters during the prior fiscal years, including, at a minimum, the amount, duration, recipient, purpose of the award, and the relationship, if any, to the priorities and mission of the Insti- tute, which shall be available in a user-friend- ly electronic database. (3) A description of how the activities of the National Education Centers are consistent with the principles of scientifically valid re- search and the priorities and mission of the Institute. (4) Such additional comments, recommenda- tions, and materials as the Director considers appropriate. (Pub. L. 107–279, title I, § 119, Nov. 5, 2002, 116 Stat. 1953.) § 9520. Competitive awards Activities carried out under this Act through grants, contracts, or cooperative agreements, at a minimum, shall be awarded on a competitive basis and, when practicable, through a process of peer review. (Pub. L. 107–279, title I, § 120, Nov. 5, 2002, 116 Stat. 1953.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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 Employees, transferred sections 9010 and 9011 of this title to sec- tions 9621 and 9622 of this title, respectively, repealed 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 repealed provi- sions set out as notes under sections 1221e and 9001 of this title. For complete classification of this Act to the Code, see Tables. PART B—NATIONAL CENTER FOR EDUCATION RESEARCH § 9531. Establishment (a) Establishment There is established in the Institute a Na- tional Center for Education Research (in this part referred to as the ‘‘Research Center’’). (b) Mission The mission of the Research Center is— (1) to sponsor sustained research that will lead to the accumulation of knowledge and un- derstanding of education, to— (A) ensure that all children have access to a high-quality education; (B) improve student academic achieve- ment, including through the use of edu- cational technology; (C) close the achievement gap between high-performing and low-performing stu- dents through the improvement of teaching and learning of reading, writing, mathe- matics, science, and other academic sub- jects; and (D) improve access to, and opportunity for, postsecondary education; (2) to support the synthesis and, as appro- priate, the integration of education research; (3) to promote quality and integrity through the use of accepted practices of scientific in- quiry to obtain knowledge and understanding of the validity of education theories, prac- tices, or conditions; and (4) to promote scientifically valid research findings that can provide the basis for improv- ing academic instruction and lifelong learn- ing. (Pub. L. 107–279, title I, § 131, Nov. 5, 2002, 116 Stat. 1954.) § 9532. Commissioner for Education Research The Research Center shall be headed by a Commissioner for Education Research (in this