20 U.S.C. § 9513: Delegation

Summary

The Secretary must give the Director the job of carrying out this part of the law, except for administrative and support tasks. Nothing in this subchapter or in subchapter III (except section 9621(e)(1)(J)) can be read to reduce the National Assessment Governing Board’s role for the National Assessment of Educational Progress as it was under the National Education Statistics Act on the day before November 5, 2002. The Secretary still appoints Board members, section 9621(f)(1) applies to the Board, and sections 9515 and 9516 do not apply to NAEP or the Board. The Secretary may also assign other activities to the Institute if they match the Institute’s priorities approved by the National Board for Education Sciences under section 9516 and the Institute’s mission in section 9511(b), or if they match the mission only when they do not divert the Institute from its priorities.

Title 20, §9513

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(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 November 5, 2002;

(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)section 9515 and 9516 of this title shall not apply to the National Assessment of Educational Progress; and

(5)section 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.

Notes & Related Subsidiaries

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, Oct. 20, 1994, 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), Nov. 5, 2002, 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, Nov. 5, 2002, 116 Stat. 1940, which enacted this chapter and section 3419 of this title, amended section 1232j, 3412, 3461, 6194, 6311, 6312, 7013, 7451, 7703, 7909, 9007, 9010, 9011, 9573, 9623, and 9624 and former section 6317, 6491, 6932, 7253c, 7283b, and 7283d of this title and section 5315 of Title 5, Government Organization and Employees, transferred section 9010 and 9011 of this title to section 9621 and 9622 of this title, respectively, repealed section 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 section 1221e and 9001 of this title. For complete classification of this Act to the Code, see Tables.

§9513 Delegation

Summary

Title 20, §9513

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata