Page:United States Statutes at Large Volume 100 Part 2.djvu/490

 100 STAT. 1592 ^t

5 USC 5101 et

seq., 5331 et seq.

20 USC 3419.

Grants. Contracts.

PUBLIC LAW 99-498—OCT. 17, 1986

"(D) assist and foster such research, collection, dissemination, and training through grants, cooperative agreements, and technical assistance; "(E) promote the coordination of educational research and research support within the Federal Government and otherwise assist and foster such research; and "(F) collect, analyze, and disseminate statistics and other data related to education in the United States and other nations. "(2)(A) The Secretary may appoint, for terms not to exceed three years (without regard to the provisions of title 5 of the United States Code 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 professional employees of the Office as the Secretary considers necessary to accomplish its functions. The Secretary may also appoint and compensate not more than one-fifth of the number of full-time, regular scientific or professional employees of the Office without regard to such provisions. The rate of basic pay for such employees may not exceed the maximum annual rate of pay for grade GS-15 under section 5332 of title 5 of the United States Code, except that the pay of any employee employed before the date of enactment of the Higher Education Amendments of 1986 shall not be reduced by application of such maximum pay limitation. "(B) The Secretary may reappoint employees described in subparagraph (A) upon presentation of a clear and convincing justification of need, for one additional term not to exceed three years. All such employees shall work on activities of the Office and shall not be reassigned to other duties outside the Office during their term. "(C) Individuals who are employed on the date of enactment of this Act and were employed by such Office on April 1, 1986, and who were employed under excepted hiring authority provided by section 209 of the Department of Education Organization Act or this section may continue to be employed for the duration of their current term. "(3)(A) The Secretary may carry out the activities in paragraph (D— ,,,,. "(i) directly; "(ii) through grants, contracts, and cooperative agreements with institutions of higher education, public and private organizations, institutions, agencies, and individuals; and "(iii) through the provision of technical assistance. "(B) When making competitive awards under this subsection, the Secretary shall— "(i) solicit recommendations and advice regarding research priorities, opportunities, and strategies from qualified experts, such as education professionals and policymakers, personnel of the regional education laboratories and of the research and development centers supported under paragraph (4), and the Council, as well as parents and other members of the general public; "(ii) employ suitable selection procedures utilizing the procedures and principles of peer review, except where such peer review procedures are clearly inappropriate given such factors as the relatively small amount of a grant or contract or the exigencies of the situation; and

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