PUBLIC LAW 103-227—MAR. 31, 1994 108 STAT. 215 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 of the Office as the Assistant Secretary considers necessary to accomplish its functions, provided that- — (A) 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; (B) 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, United States Code; (C) the appointment of such employee is necessary to provide the Office with scientific or technical expertise which could not otherwise be obtained by the Office through the competitive service; and (D) the total number of such employees does not exceed one-fifth of the number of full-time, regular scientific or professional employees of the Office. (2) REAPPOINTMENT OF EMPLOYEES. — The Assistant Secretary may reappoint employees described in paragraph (1) upon presentation of a clear and convincing justification of need, for one additional term not to exceed 3 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. (d) AUTHORITY TO PUBLISH. — (1) IN GENERAL.— The Assistant Secretary is authorized to prepare and publish such information, reports, and documents as may be of value in carrying out the purposes of this title without further clearance or approval by the Secretary or any other office of the Department of Education. (2) QUALITY ASSURANCE.—In carrying out such authority, the Assistant Secretary shall— (A) establish such procedures as may be necessary to assure that all reports and publications issued by the Office are of the highest quality; and (B) provide other offices of the Department of Education with an opportunity to comment upon any report or publication prior to its publication when its contents relate to matters for which such office has responsibility. (e) BIENNIAL REPORT ON ACTIVITIES OF OFFICE. —The Assistant Secretary shall transmit to the President and the Congress by not later than December 30 of every other year a report whicn shall consist of— (1) a description of the activities carried out by and through each research institute during the fiscal years for which such report is prepared and any recommendations and comments regarding such activities as the Assistant Secretary considers appropriate; (2) a description of the activities carried out by and through the national education dissemination system established by section 941 during the fiscal years for which such report is prepared and any recommendations and comments regarding such activities as the Assistant Secretary considers appropriate;
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