dreamproit/uscode huggingface dataset:
20 U.S.C. § 9517 (EDUCATION)
§ 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 headed by a Commissioner appointed by the Director. In appointing Commissioners, the Director shall seek to promote continuity in leadership of the National Education Centers and shall consider individuals recommended by the Board. The Director may appoint a Commissioner to carry out the functions of a National Education Center without regard to the provisions 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 General 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 education 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 Commissioner—
(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 Education 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 Centers 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 approval 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.)
heading: References in Text
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.
heading: Amendments
text: 2012—Subsec. (b). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate,” after “President” in introductory provisions.
heading: Effective Date of 2012 Amendment
text: 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.
20 U.S.C. § 9546 (EDUCATION)
§ 9546. Dissemination
(a) General requests
(1) In general
The Statistics Center may furnish transcripts or copies of tables and other statistical records and make special statistical compilations and surveys for State and local officials, public and private organizations, and individuals.
(2) Compilations
The Statistics Center shall provide State educational agencies, local educational agencies, and institutions of higher education with opportunities to suggest the establishment of particular compilations of statistics, surveys, and analyses that will assist those educational agencies.
(b) Congressional requests
The Statistics Center shall furnish such special statistical compilations and surveys as the relevant congressional committees may request.
(c) Joint statistical projects
The Statistics Center may engage in joint statistical projects related to the mission of the Center, or other statistical purposes authorized by law, with nonprofit organizations or agencies, and the cost of such projects shall be shared equitably as determined by the Secretary.
(d) Fees
(1) In general
Statistical compilations and surveys under this section, other than those carried out pursuant to subsections (b) and (c), may be made subject to the payment of the actual or estimated cost of such work.
(2) Funds received
All funds received in payment for work or services described in this subsection may be used to pay directly the costs of such work or services, to repay appropriations that initially bore all or part of such costs, or to refund excess sums when necessary.
(e) Access
(1) Other agencies
The Statistics Center shall, consistent with section 9573 of this title, cooperate with other Federal agencies having a need for educational data in providing access to educational data received by the Statistics Center.
(2) Interested parties
The Statistics Center shall, in accordance with such terms and conditions as the Center may prescribe, provide all interested parties, including public and private agencies, parents, and other individuals, direct access, in the most appropriate form (including, where possible, electronically), to data collected by the Statistics Center for the purposes of research and acquiring statistical information.
(Pub. L. 107–279, title I, § 156, Nov. 5, 2002, 116 Stat. 1961.)
20 U.S.C. § 9567 (EDUCATION)
§ 9567. Establishment
(a) Establishment
There is established in the Institute a National Center for Special Education Research (in this part referred to as the “Special Education Research Center”).
(b) Mission
The mission of the Special Education Research Center is—
(1) to sponsor research to expand knowledge and understanding of the needs of infants, toddlers, and children with disabilities in order to improve the developmental, educational, and transitional results of such individuals;
(2) to sponsor research to improve services provided under, and support the implementation of, the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); and
(3) to evaluate the implementation and effectiveness of the Individuals with Disabilities Education Act in coordination with the National Center for Education Evaluation and Regional Assistance.
(c) Applicability of this subchapter
Parts A and F, and the standards for peer review of applications and for the conduct and evaluation of research under sections 9533(a) and 9534 of this title, respectively, shall apply to the Secretary, the Director, and the Commissioner in carrying out this part.
(Pub. L. 107–279, title I, § 175, as added Pub. L. 108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat. 2799.)
heading: References in Text
text: The Individuals with Disabilities Education Act, referred to in subsec. (b)(2), (3), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.
20 U.S.C. § 9572 (EDUCATION)
§ 9572. 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 or section 9003(a)(6) of this title (as such section was in effect on the day before November 5, 2002) and administered to only a representative sample of pupils in the United States and in foreign nations.
(Pub. L. 107–279, title I, § 182, Nov. 5, 2002, 116 Stat. 1971.)
heading: References in Text
text: Section 9003 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 107–279, title IV, § 403(1), Nov. 5, 2002, 116 Stat. 1985.
20 U.S.C. § 9576 (EDUCATION)
§ 9576. Authority to publish
(a) Publication
The Director may prepare and publish (including through oral presentation) such research, statistics (consistent with part C), and evaluation information and reports from any office, board, committee, and center of the Institute, as needed to carry out the priorities and mission of the Institute without the approval of the Secretary or any other office of the Department.
(b) Advance copies
The Director shall provide the Secretary and other relevant offices with an advance copy of any information to be published under this section before publication.
(c) Peer review
All research, statistics, and evaluation reports conducted by, or supported through, the Institute shall be subjected to rigorous peer review before being published or otherwise made available to the public.
(d) Items not covered
Nothing in subsections 1 (a), (b), or (c) shall be construed to apply to—
(1) information on current or proposed budgets, appropriations, or legislation;
(2) information prohibited from disclosure by law or the Constitution, classified national security information, or information described in section 552(b) of title 5; and
(3) review by officers of the United States in order to prevent the unauthorized disclosure of information described in paragraph (1) or (2).
(Pub. L. 107–279, title I, § 186, Nov. 5, 2002, 116 Stat. 1973.)
20 U.S.C. § 9578 (EDUCATION)
§ 9578. Scientific or technical employees
(a) In general
The Director may appoint, for terms not to exceed 6 years (without regard to the provisions of title 5 governing appointment in the competitive service) and may compensate (without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates) such scientific or technical employees to carry out the functions of the Institute or the office, board, committee, or center, respectively, if—
(1) at least 30 days prior to the appointment of any such employee, public notice is given of the availability of such position and an opportunity is provided for qualified individuals to apply and compete for such position;
(2) the rate of basic pay for such employees does not exceed the maximum rate of basic pay payable for positions at GS–15, as determined in accordance with section 5376 of title 5, except that not more than 7 individuals appointed under this section may be paid at a rate that does not exceed the rate of basic pay for level III of the Executive Schedule;
(3) the appointment of such employee is necessary (as determined by the Director on the basis of clear and convincing evidence) to provide the Institute or the office, board, committee, or center with scientific or technical expertise which could not otherwise be obtained by the Institute or the office, board, committee, or center through the competitive service; and
(4) the total number of such employees does not exceed 40 individuals or ⅕ of the number of full-time, regular scientific or professional employees of the Institute, whichever is greater.
(b) Duties of employees
All employees described in subsection (a) shall work on activities of the Institute or the office, board, committee, or center, and shall not be reassigned to other duties outside the Institute or the office, board, committee, or center during their term.
(Pub. L. 107–279, title I, § 188, Nov. 5, 2002, 116 Stat. 1973.)
heading: References in Text
text: GS–15, referred to in subsec. (a)(2), is contained in the General Schedule, which is set out under section 5332 of Title 5, Government Organization and Employees.
Level III of the Executive Schedule, referred to in subsec. (a)(2), is set out in section 5314 of Title 5, Government Organization and Employees.
heading: References to Maximum Rate Under 5 U.S.C. 5376
text: For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.
20 U.S.C. § 9584 (EDUCATION)
§ 9584. Authorization of appropriations
(a) In general
There are authorized to be appropriated to administer and carry out this subchapter (except section 9564 of this title) $400,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which—
(1) not less than the amount provided to the National Center for Education Statistics (as such Center was in existence on the day before November 5, 2002) for fiscal year 2002 shall be provided to the National Center for Education Statistics, as authorized under part C; and
(2) not more than the lesser of 2 percent of such funds or $1,000,000 shall be made available to carry out section 9516 of this title (relating to the National Board for Education Sciences).
(b) Regional educational laboratories
There are authorized to be appropriated to carry out section 9564 of this title $100,000,000 for fiscal year 2003 and such sums as may be necessary for each of the 5 succeeding fiscal years. Of the amounts appropriated under the preceding sentence for a fiscal year, the Director shall obligate not less than 25 percent to carry out such purpose with respect to rural areas (including schools funded by the Bureau which are located in rural areas).
(c) Availability
Amounts made available under this section shall remain available until expended.
(Pub. L. 107–279, title I, § 194, Nov. 5, 2002, 116 Stat. 1975.)
5 U.S.C. § 602 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 602. Regulatory agenda
(a) During the months of October and April of each year, each agency shall publish in the Federal Register a regulatory flexibility agenda which shall contain—
(1) a brief description of the subject area of any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities;
(2) a summary of the nature of any such rule under consideration for each subject area listed in the agenda pursuant to paragraph (1), the objectives and legal basis for the issuance of the rule, and an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking,1 and
(3) the name and telephone number of an agency official knowledgeable concerning the items listed in paragraph (1).
(b) Each regulatory flexibility agenda shall be transmitted to the Chief Counsel for Advocacy of the Small Business Administration for comment, if any.
(c) Each agency shall endeavor to provide notice of each regulatory flexibility agenda to small entities or their representatives through direct notification or publication of the agenda in publications likely to be obtained by such small entities and shall invite comments upon each subject area on the agenda.
(d) Nothing in this section precludes an agency from considering or acting on any matter not included in a regulatory flexibility agenda, or requires an agency to consider or act on any matter listed in such agenda.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1166.)
heading: Effective Date
text: Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.
5 U.S.C. § 605 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 605. Avoidance of duplicative or unnecessary analyses
(a) Any Federal agency may perform the analyses required by sections 602, 603, and 604 of this title in conjunction with or as a part of any other agenda or analysis required by any other law if such other analysis satisfies the provisions of such sections.
(b) Sections 603 and 604 of this title shall not apply to any proposed or final rule if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If the head of the agency makes a certification under the preceding sentence, the agency shall publish such certification in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule or at the time of publication of the final rule, along with a statement providing the factual basis for such certification. The agency shall provide such certification and statement to the Chief Counsel for Advocacy of the Small Business Administration.
(c) In order to avoid duplicative action, an agency may consider a series of closely related rules as one rule for the purposes of sections 602, 603, 604 and 610 of this title.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1167; amended Pub. L. 104–121, title II, § 243(a), Mar. 29, 1996, 110 Stat. 866.)
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–121 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Sections 603 and 604 of this title shall not apply to any proposed or final rule if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If the head of the agency makes a certification under the preceding sentence, the agency shall publish such certification in the Federal Register, at the time of publication of general notice of proposed rulemaking for the rule or at the time of publication of the final rule, along with a succinct statement explaining the reasons for such certification, and provide such certification and statement to the Chief Counsel for Advocacy of the Small Business Administration.”
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–121 effective on expiration of 90 days after Mar. 29, 1996, but inapplicable to interpretative rules for which a notice of proposed rulemaking was published prior to Mar. 29, 1996, see section 245 of Pub. L. 104–121, set out as a note under section 601 of this title.
heading: Effective Date
text: Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.
5 U.S.C. § 606 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 606. Effect on other law
The requirements of sections 603 and 604 of this title do not alter in any manner standards otherwise applicable by law to agency action.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1168.)
heading: Effective Date
text: Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.
5 U.S.C. § 607 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 607. Preparation of analyses
In complying with the provisions of sections 603 and 604 of this title, an agency may provide either a quantifiable or numerical description of the effects of a proposed rule or alternatives to the proposed rule, or more general descriptive statements if quantification is not practicable or reliable.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1168.)
heading: Effective Date
text: Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.
5 U.S.C. § 608 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 608. Procedure for waiver or delay of completion
(a) An agency head may waive or delay the completion of some or all of the requirements of section 603 of this title by publishing in the Federal Register, not later than the date of publication of the final rule, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes compliance or timely compliance with the provisions of section 603 of this title impracticable.
(b) Except as provided in section 605(b), an agency head may not waive the requirements of section 604 of this title. An agency head may delay the completion of the requirements of section 604 of this title for a period of not more than one hundred and eighty days after the date of publication in the Federal Register of a final rule by publishing in the Federal Register, not later than such date of publication, a written finding, with reasons therefor, that the final rule is being promulgated in response to an emergency that makes timely compliance with the provisions of section 604 of this title impracticable. If the agency has not prepared a final regulatory analysis pursuant to section 604 of this title within one hundred and eighty days from the date of publication of the final rule, such rule shall lapse and have no effect. Such rule shall not be repromulgated until a final regulatory flexibility analysis has been completed by the agency.
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1168.)
heading: Effective Date
text: Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title.