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Title 20 — Education

Part A · Chapter 76 — Education Research, Statistics, Evaluation, Information, and Dissemination

§ 9513. Delegation

Statutory text

(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), except that—

(1)

nothing in this subchapter or in subchapter 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 Governing Board with respect to the National Assessment of Educational Progress (including with respect to the methodologies of the National Assessment of Educational Progress described in section 9621(e)(1)(E) of this title) from those authorized by the National Education Statistics Act of 1994 (20 U.S.C. 9001 et seq.) on the day before ;

(2)

members of the National Assessment Governing Board shall continue to be appointed 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 Educational Progress; and

(5)

sections 9515 and 9516 of this title shall not apply to the National Assessment Governing Board.

(b)

Other activities

The Secretary may assign the Institute responsibility 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 Institute’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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Education Sciences Reform Act of 2002

    Pub. L. 107–279 title I § 113 · 116 Stat. 1940

    Enacted · 20 U.S.C. § 9513

    (Pub. L. 107–279, title I, § 113, Nov. 5, 2002, 116 Stat. 1945.)

    Source evidence

    Code source credit
    (Pub. L. 107–279, title I, § 113, Nov. 5, 2002, 116 Stat. 1945.)

    Enacted provision · exact public law section
    SEC. 113. DELEGATION. (a) Delegation of Authority.— Notwithstanding section 412 of the Department of Education Organization Act (20 U.S.C. 3472), the Secretary shall delegate to the Director all functions for carrying out this title (other than administrative and support functions), except that— (1) nothing in this title or in the National Assessment of Educational Progress Authorization Act (except section 302(e)(1)(J) of such Act) shall be construed to alter or diminish the role, responsibilities, or authority of the National Assessment Governing Board with respect to the National Assessment of Educational Progress (including with respect to the methodologies of the National Assessment of Educational Progress described in section 302(e)(1)(E)) from those authorized by the National Education Statistics Act of 1994 (20 U.S.C. 9001 et seq.) on the day before the date of enactment of this Act; (2) members of the National Assessment Governing Board shall continue to be appointed by the Secretary; (3) section 302(f)(1) of the National Assessment of Educational Progress Authorization Act shall apply to the National Assessment Governing Board in the exercise of its responsibilities under this Act; (4) sections 115 and 116 shall not apply to the National Assessment of Educational Progress; and (5) sections 115 and 116 shall not apply to the National Assessment Governing Board. (b) Other Activities.— The Secretary may assign the Institute responsibility 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 116, and the Institute’s mission, as described in section 111(b); or (2) the Institute’s mission, but only if those activities do not divert the Institute from its priorities.

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

The National Education Statistics Act of 1994, referred to in subsec. (a)(1), is title IV of Pub. L. 103–382, , 108 Stat. 4029, which was classified generally to chapter 71 (§ 9001 et seq.) of this title, prior to repeal by Pub. L. 107–279, title IV, § 403(1), , 116 Stat. 1985. Provisions relating to education statistics 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, , 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 sections 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 provisions set out as notes under sections 1221e and 9001 of this title. For complete classification of this Act to the Code, see Tables.

Credits

(Pub. L. 107–279, title I, § 113, , 116 Stat. 1945.)

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