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20 U.S.C. § 9623 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
Page 1740
TITLE 20—EDUCATION
§ 9623
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH
AND 8TH GRADE ASSESSMENT AND ALIGNMENT OF THE
MANDATED QUADRENNIAL 12TH GRADE ASSESSMENT
Pub. L. 116–260, div. FF, title I, § 104, Dec. 27, 2020, 134
Stat. 3088, provided that:
‘‘(a) CURRENT ASSESSMENT ADMINISTRATION RESCHED-
ULING.—Notwithstanding any other provision of law
and due to the public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID–19—
‘‘(1) the biennial 4th and 8th grade reading and
mathematics assessments scheduled to be conducted
during the 2020–2021 school year in accordance with
paragraphs (2)(B) and (3)(A)(i) of section 303(b) of the
National Assessment of Educational Progress Au-
thorization Act (20 U.S.C. 9622(b)) and, as practicable
and subject to the discretion of the National Assess-
ment Governing Board, the Trial Urban District As-
sessment, shall be conducted during the 2021–2022
school year; and
‘‘(2) the next quadrennial 12th grade reading and
mathematics assessments carried out in accordance
with section 303(b)(2)(C) of the National Assessment
of Educational Progress Authorization Act (20 U.S.C.
9622(b)(2)(C)) after the date of enactment of this sec-
tion [Dec. 27, 2020], shall be conducted during the
2023–2024 school year.
‘‘(b) FUTURE
ASSESSMENT
ADMINISTRATION.—In ac-
cordance with section 303(b)(2)(B) of the National As-
sessment of Educational Progress Authorization Act (20
U.S.C. 9622(b)(2)(B)), the next biennial assessments fol-
lowing the 2021–2022 administration, as authorized
under subsection (a), shall occur in t
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Source file: Laws/federal/codes/united-states-code-2024/title-20/section-9623-definitions--019d2cd847.md
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Source location: USCODE-2024-title20-chap76-subchapIII-sec9623.pdf
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Page 1740
TITLE 20—EDUCATION
§ 9623
L. 107–110, set out as an Effective Date note under sec-
tion 6301 of this title.
RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH
AND 8TH GRADE ASSESSMENT AND ALIGNMENT OF THE
MANDATED QUADRENNIAL 12TH GRADE ASSESSMENT
Pub. L. 116–260, div. FF, title I, § 104, Dec. 27, 2020, 134
Stat. 3088, provided that:
‘‘(a) CURRENT ASSESSMENT ADMINISTRATION RESCHED-
ULING.—Notwithstanding any other provision of law
and due to the public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2020, with respect to COVID–19—
‘‘(1) the biennial 4th and 8th grade reading and
mathematics assessments scheduled to be conducted
during the 2020–2021 school year in accordance with
paragraphs (2)(B) and (3)(A)(i) of section 303(b) of the
National Assessment of Educational Progress Au-
thorization Act (20 U.S.C. 9622(b)) and, as practicable
and subject to the discretion of the National Assess-
ment Governing Board, the Trial Urban District As-
sessment, shall be conducted during the 2021–2022
school year; and
‘‘(2) the next quadrennial 12th grade reading and
mathematics assessments carried out in accordance
with section 303(b)(2)(C) of the National Assessment
of Educational Progress Authorization Act (20 U.S.C.
9622(b)(2)(C)) after the date of enactment of this sec-
tion [Dec. 27, 2020], shall be conducted during the
2023–2024 school year.
‘‘(b) FUTURE
ASSESSMENT
ADMINISTRATION.—In ac-
cordance with section 303(b)(2)(B) of the National As-
sessment of Educational Progress Authorization Act (20
U.S.C. 9622(b)(2)(B)), the next biennial assessments fol-
lowing the 2021–2022 administration, as authorized
under subsection (a), shall occur in the 2023–2024 school
year and, as practicable and subject to the discretion of
the National Assessment Governing Board, the next
Trial Urban District Assessment following the 2021–2022
administration, as authorized under subsection (a),
shall occur in the 2023–2024 school year.’’
§ 9623. Definitions
In this subchapter:
(1) The term ‘‘Director’’ means the Director
of the Institute of Education Sciences.
(2) The term ‘‘State’’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
(Pub. L. 107–279, title III, § 304, formerly § 302,
Nov. 5, 2002, 116 Stat. 1982; renumbered § 304, Pub.
L. 107–279, title IV, § 401(b), Nov. 5, 2002, 116 Stat.
1983.)
§ 9624. Authorization of appropriations
(a) In general
There are authorized to be appropriated—
(1) for fiscal year 2003—
(A) $4,600,000 to carry out section 9621 of
this title; and
(B) $107,500,000 to carry out section 9622 of
this title; and
(2) such sums as may be necessary for each
of the 5 succeeding fiscal years to carry out
sections 9621 and 9622 of this title.
(b) Availability
Amounts made available under this section
shall remain available until expended.
(Pub. L. 107–279, title III, § 305, formerly § 303,
Nov. 5, 2002, 116 Stat. 1982; renumbered § 305, Pub.
L. 107–279, title IV, § 401(b), Nov. 5, 2002, 116 Stat.
1983.)
SUBCHAPTER IV—NATIONAL CENTER FOR
RESEARCH IN ADVANCED INFORMATION
AND DIGITAL TECHNOLOGIES
§ 9631. National Center for Research in Advanced
Information and Digital Technologies
(a) Establishment
There shall be established, during the first fis-
cal year for which appropriations are made
available under subsection (c), a nonprofit cor-
poration to be known as the National Center for
Research in Advanced Information and Digital
Technologies, which shall not be an agency or
establishment of the Federal Government. The
Center shall be subject to the provisions of this
section, and, to the extent consistent with this
section, to the District of Columbia Nonprofit
Corporation Act (sec. 29–501 et seq., D.C. Official
Code).
(b) Purpose
The purpose of the Center shall be to support
a comprehensive research and development pro-
gram to harness the increasing capacity of ad-
vanced information and digital technologies to
improve all levels of learning and education, for-
mal and informal, in order to provide Americans
with the knowledge and skills needed to com-
pete in the global economy.
(c) Funding
(1) Authorization of appropriations
There are authorized to be appropriated to
the Center such sums as may be necessary for
fiscal year 2009 and each of the five succeeding
fiscal years.
(2) Additional funds
The Center is authorized—
(A) to accept funds from any Federal agen-
cy or entity;
(B) to accept, hold, administer, and spend
any gift, devise, or bequest of real or per-
sonal property made to the Center; and
(C) to enter into competitive contracts
with individuals, public or private organiza-
tions, professional societies, and government
agencies for the purpose of carrying out the
functions of the Center.
(3) Prohibition
The Center shall not accept gifts, devises, or
bequests from a foreign government or foreign
source.
(d) Board of Directors; vacancies; compensation
(1) In general
A Board of the Center shall be established to
oversee the administration of the Center.
(2) Initial composition
The initial Board shall consist of nine mem-
bers to be appointed by the Secretary of Edu-
cation from recommendations received from
the Speaker of the House of Representatives,
the Minority Leader of the House of Rep-
resentatives, the majority leader of the Sen-
ate, and the minority leader of the Senate,
who—
(A) reflect representation from the public
and private sectors;
(B) shall provide, as nearly as practicable,
a broad representation of various regions of
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Commissioner for Education Statistics shall, with the advice of the Assessment Board established under [section 9621 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9621&num=0&edition=prelim), carry out, through grants, contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment, State assessments, and a long-term trend assessment in reading and mathematics.
**(b) Purpose; State assessments**
(1) **Purpose** — The purpose of this section is to provide, in a timely manner, a fair and accurate measurement of student academic achievement and reporting of trends in such achievement in reading, mathematics, and other subject matter as specified in this section.
(2) **Measurement and reporting** — The Commissioner for Education Statistics, in carrying out the measurement and reporting described in paragraph (1), shall—
(A) use a random sampling process which is consistent with relevant, widely accepted professional assessment standards and that produces data that are representative on a national and regional basis;
(B) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private elementary schools and secondary schools at least once every 2 years, in grades 4 and 8 in reading and mathematics;
(C) conduct a national assessment and collect and report assessment data, including achievement data trends, in a valid and reliable manner on student academic achievement in public and private schools in reading and mathematics in grade 12 in r
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9622
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Federal law — U.S. Code and appendices · legal_authorities
Page 1735
TITLE 20—EDUCATION
§ 9622
(2) for the Commissioner for Education Sta-
tistics to report to the Assessment Board on
the Department’s actions to implement the
decisions of the Assessment Board.
(h) Administration
Chapter 10 of title 5 shall not apply with re-
spect to the Assessment Board, other than sec-
tions 1009, 1010, and 1011 of title 5.
(Pub. L. 107–279, title III, § 302, formerly Pub. L.
103–382, title IV, § 412, Oct. 20, 1994, 108 Stat. 4039;
Pub. L. 106–554, § 1(a)(1) [title III, § 307], Dec. 21,
2000, 114 Stat. 2763, 2763A–44; Pub. L. 107–110, title
VI, § 602(b), Jan. 8, 2002, 115 Stat. 1904; renum-
bered Pub. L. 107–279, title III, § 302, and amended
Pub. L. 107–279, title IV, § 401(c), Nov. 5, 2002, 116
Stat. 1983; Pub. L. 117–286, § 4(a)(154), Dec. 27,
2022, 136 Stat. 4322.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 9011 of this
title prior to renumbering by Pub. L. 107–279.
PRIOR PROVISIONS
A prior section 302 of Pub. L. 107–279 was renumbered
section 304 and is classified to section 9623 of this title.
AMENDMENTS
2022—Subsec. (h). Pub. L. 117–286 substituted ‘‘Chap-
ter 10 of title 5 shall not apply with respect to the As-
sessment Board, other than sections 1009, 1010, and 1011
of title 5.’’ for ‘‘The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply with respect to the Assess-
ment Board, other than sections 10, 11, and 12 of such
Act.’’
2002—Pub. L. 107–110 amended section generally, re-
stating and expanding provisions and inserting head-
ings.
Subsec. (a). Pub. L. 107–279, § 401(c)(1), substituted
‘‘referred to as the ‘Assessment Board’ ’’ for ‘‘referred
to as the ‘Board’ ’’ and inserted ‘‘(carried out under sec-
tion 9622 of this title)’’ after ‘‘for the National Assess-
m
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 9622
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) The term “Director” means the Director of the Institute of Education Sciences.
(2) The term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 9623
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that—
(1) a disease or disorder presents a public health emergency; or
(2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists,
the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination.
**(b) Public Health Emergency Fund**
(1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d
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Federal law — U.S. Code and appendices · legal_authorities
Page 228
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 247c–2
which the delivery of services under sub-
section (a) may be improved. The Secretary
may make such grants only to grantees under
such subsection and to public and nonprofit
private entities that are carrying out pro-
grams substantially similar to programs car-
ried out under such subsection.
(2) Authorization of appropriations
For the purpose of carrying out paragraph
(1), there are authorized to be appropriated
such sums as may be necessary for each of the
fiscal years 1993 through 1998.
(July 1, 1944, ch. 373, title III, § 318A, as added
Pub. L. 102–531, title III, § 304, Oct. 27, 1992, 106
Stat. 3490; amended Pub. L. 103–43, title XX,
§ 2008(i)(1)(B)(ii), June 10, 1993, 107 Stat. 212; Pub.
L. 103–183, title IV, § 402, Dec. 14, 1993, 107 Stat.
2236; Pub. L. 107–251, title VI, § 601(a), Oct. 26,
2002, 116 Stat. 1664; Pub. L. 108–163, § 2(m)(1), Dec.
6, 2003, 117 Stat. 2023.)
Editorial Notes
REFERENCES IN TEXT
The reference to section 254b of this title the first
place appearing, referred to in subsec. (e), was in the
original a reference to section 329, meaning section 329
of act July 1, 1944, which was omitted in the general
amendment of subpart I (§ 254b et seq.) of part D of this
subchapter by Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat.
3626.
Section 256a of this title, referred to in subsec. (e),
was repealed by Pub. L. 104–299, § 4(a)(3), Oct. 11, 1996,
110 Stat. 3645.
AMENDMENTS
2003—Subsec. (e). Pub. L. 108–163 substituted ‘‘254b’’
for ‘‘254c, 254b(h)’’ before ‘‘, 256a’’.
2002—Subsec. (e). Pub. L. 107–251 substituted ‘‘254b(h)’’
for ‘‘256’’.
1993—Pub. L. 103–43 made technical amendment to di-
rectory language of Pub. L. 102–531, § 304, which enacted
this section.
Subs
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 247d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 247d. This identifies an authority to review, not proof of applicability.