116 STAT. 1974 PUBLIC LAW 107-279—NOV. 5, 2002 15, as determined in accordance with section 5376 of title 5, United States Code, 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 Vs of the number of full-time, regular scientific or professional employees of the Institute, whichever is greater. (b) DUTIES OF EMPLOYEES. —All employees described in subsection (a) shall work on activities of the Institute or the office, board, committee, or center, and shall not be reassigned to other duties outside the Institute or the office, board, committee, or center during their term. 20 USC 9579. SEC. 189. FELLOWSHIPS. In order to strengthen the national capacity to carry out highquality 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. 20 USC 9580. SEC. 190. 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. 20 USC 9581. SEC. 191. RULEMAKING. Notwithstanding section 437(d) of the General Education Provisions Act (20 U.S.C. 1232(d)), the exemption for public property, loans, grants, and benefits in section 553(a)(2) of title 5, United States Code, shall apply to the Institute. 20 USC 9582. SEC. 192. COPYRIGHT. Nothing in this Act shall be construed to affect the rights, remedies, limitations, or defense under title 17, United States Code. 20 USC 9583. SEC. 193. REMOVAL. (a) PRESIDENTIAL.—The Director, each member of the Board, and the Commissioner for Education Statistics may be removed by the President prior to the expiration of the term of each such appointee. (b) DIRECTOR. —Each Commissioner appointed by the Director pursuant to section 117 may be removed by the Director prior to the expiration of the term of each such Commissioner.
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