Collapse to view only § 9581. Rulemaking
- § 9571. Interagency data sources and formats
- § 9572. Prohibitions
- § 9573. Confidentiality
- § 9574. Availability of data
- § 9575. Performance management
- § 9576. Authority to publish
- § 9577. Vacancies
- § 9578. Scientific or technical employees
- § 9579. Fellowships
- § 9580. Voluntary service
- § 9581. Rulemaking
- § 9582. Copyright
- § 9583. Removal
- § 9584. Authorization of appropriations
§ 9571. Interagency data sources and formats
The Secretary, in consultation with the Director, shall ensure that the Department and the Institute use common sources of data in standardized formats.
(Pub. L. 107–279, title I, § 181, Nov. 5, 2002, 116 Stat. 1971.)
§ 9572. Prohibitions
(a) National database
(b) Federal Government and use of Federal funds
(c) Endorsement of curriculum
(d) Federally sponsored testing
(1) In general
(2) Exceptions
(Pub. L. 107–279, title I, § 182, Nov. 5, 2002, 116 Stat. 1971.)
§ 9573. Confidentiality
(a) In general
(b) Student information
(c) Confidentiality standards
(1) In general
(A) The Director shall develop and enforce standards designed to protect the confidentiality of persons in the collection, reporting, and publication of data under this subchapter.
(B) This section shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies that receive grants from, or have contracts or cooperative agreements with, the Federal Government.
(2) Prohibition
No person may—
(A) use any individually identifiable information furnished under this subchapter for any purpose other than a research, statistics, or evaluation purpose under this subchapter;
(B) make any publication whereby the data furnished by any particular person under this subchapter can be identified; or
(C) permit anyone other than the individuals authorized by the Director to examine the individual reports.
(d) Administration
(1) In general
(A) Disclosure
(B) Immunity
(C) Application
(2) Employee or staff violations
(3) Temporary staff
(4) Information requirements
(5) Definitions
For the purposes of this section—
(A) the term “individually identifiable information” means any record, response form, completed survey, or aggregation thereof from which information about particular individuals may be revealed; and
(B) the term “report” means a response provided by or about an individual to an inquiry from the Director and does not include a statistical aggregation from which individually identifiable information cannot be revealed.
(6) Violations
(7) Access to reports or records
(e) Investigation and prosecution of terrorism
(1) In general
Notwithstanding subsections (a) and (b), the Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) may submit a written application to a court of competent jurisdiction for an ex parte order requiring the Secretary to permit the Attorney General (or his designee) to—
(A) collect reports, records, and information (including individually identifiable information) in the possession of the Director that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b(g)(5)(B) of title 18 or an act of domestic or international terrorism as defined in section 2331 of that title; and
(B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate, and use (including as evidence at trial or in other administrative or judicial proceedings) such information, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.
(2) Application and approval
(A)In general.—An application under paragraph (1) shall certify that there are specific and articulable facts giving reason to believe that the information sought is described in paragraph (1)(A).
(B) The court shall issue an order described in paragraph (1) if the court finds that the application for the order includes the certification described in subparagraph (A).
(3) Protection
(Pub. L. 107–279, title I, § 183, title IV, § 401(a)(6), Nov. 5, 2002, 116 Stat. 1972, 1983.)
§ 9574. Availability of data
Subject to section 9573 of this title
(Pub. L. 107–279, title I, § 184, Nov. 5, 2002, 116 Stat. 1972.)
§ 9575. Performance management
The Director shall ensure that all activities conducted or supported by the Institute or a National Education Center make customer service a priority. The Director shall ensure a high level of customer satisfaction through the following methods:
(1) Establishing and improving feedback mechanisms in order to anticipate customer needs.
(2) Disseminating information in a timely fashion and in formats that are easily accessible and usable by researchers, practitioners, and the general public.
(3) Utilizing the most modern technology and other methods available, including arrangements to use data collected electronically by States and local educational agencies, to ensure the efficient collection and timely distribution of information, including data and reports.
(4) Establishing and measuring performance against a set of indicators for the quality of data collected, analyzed, and reported.
(5) Continuously improving management strategies and practices.
(6) Making information available to the public in an expeditious fashion.
(Pub. L. 107–279, title I, § 185, Nov. 5, 2002, 116 Stat. 1972.)
§ 9576. Authority to publish
(a) Publication
(b) Advance copies
(c) Peer review
(d) Items not covered
Nothing in subsections 1
1 So in original. Probably should be “subsection”.
(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.)
§ 9577. Vacancies
Any member appointed to fill a vacancy on the Board occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A vacancy in an office, board, committee, or center of the Institute shall be filled in the manner in which the original appointment was made. This section does not apply to employees appointed under section 9578 of this title.
(Pub. L. 107–279, title I, § 187, Nov. 5, 2002, 116 Stat. 1973.)
§ 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
(Pub. L. 107–279, title I, § 188, Nov. 5, 2002, 116 Stat. 1973.)
§ 9579. Fellowships
In order to strengthen the national capacity to carry out high-quality research, evaluation, and statistics related to education, the Director shall establish and maintain research, evaluation, and statistics fellowships in institutions of higher education (which may include the establishment of such fellowships in historically Black colleges and universities and other institutions of higher education with large numbers of minority students) that support graduate and postdoctoral study onsite at the Institute or at the institution of higher education. In establishing the fellowships, the Director shall ensure that women and minorities are actively recruited for participation.
(Pub. L. 107–279, title I, § 189, Nov. 5, 2002, 116 Stat. 1974.)
§ 9580. Voluntary service
The Director may accept voluntary and uncompensated services to carry out and support activities that are consistent with the priorities and mission of the Institute.
(Pub. L. 107–279, title I, § 190, Nov. 5, 2002, 116 Stat. 1974.)
§ 9581. Rulemaking
Notwithstanding section 1232(d) of this title, the exemption for public property, loans, grants, and benefits in section 553(a)(2) of title 5 shall apply to the Institute.
(Pub. L. 107–279, title I, § 191, Nov. 5, 2002, 116 Stat. 1974.)
§ 9582. Copyright
Nothing in this Act shall be construed to affect the rights, remedies, limitations, or defense under title 17.
(Pub. L. 107–279, title I, § 192, Nov. 5, 2002, 116 Stat. 1974.)
§ 9583. Removal
(a) Presidential
(b) Director
(Pub. L. 107–279, title I, § 193, Nov. 5, 2002, 116 Stat. 1974.)
§ 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
(c) Availability
(Pub. L. 107–279, title I, § 194, Nov. 5, 2002, 116 Stat. 1975.)