Page:United States Statutes at Large Volume 116 Part 3.djvu/381

 PUBLIC LAW 107-279—NOV. 5, 2002 116 STAT. 1973 (4) Establishing and measuring performance against a set of indicators for the quahty of data collected, analyzed, and reported. (5) Continuously improving management strategies and practices. (6) Making information available to the public in an expeditious fashion. SEC. 186. AUTHORITY TO PUBLISH. 20 USC 9576. (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 (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, United States Code; and (3) review by officers of the United States in order to prevent the unauthorized disclosure of information described in paragraph (1) or (2). SEC. 187. VACANCIES. 20 USC 9577. 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 188. SEC. 188. SCIENTIFIC OR TECHNICAL EMPLOYEES. 20 USC 9578. (a) IN GENERAL.— The Director may appoint, for terms not to exceed 6 years (without regard to the provisions of title 5, 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 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-

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